Raushan Kumar @ Roshan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6939 of 2025 Arising Out of PS. Case No.-1016 Year-2020 Thana- ARARIA District- Araria ====================================================== Raushan Kumar @ Roshan Sah Son of Bhim Sah Resident of Village- Shiv Nagar, PO- Pradhan Nagar, Siliguri (M. Corp), P.S.- Pradan Nagar, Distt.- Darjeeling (West Bengal) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard Learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending arrest in connection with Araria (Bairgachi) P.S. Case No.1016 of 2020, lodged on 11.12.2020, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, recovery of 966 liters of foreign liquor from a Bolero pickup has been the subject matter of the present case.

4. Learned Counsel for the petitioner submits that petitioner has not been apprehended. He is neither owner nor driver rather his name has figured in this case only by virtue of

Patna High Court CR. MISC. No.6939 of 2025(2) dt.19-02-2025 2/2 confessional statement of co-accused. Counsel further submits that antecedent of the petitioner is clean. Counsel submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned Additional Public Prosecutor for the State opposes the prayer for bail but submits that antecedent of the petitioner is clean and his name has come in the confessional statement of co-accused.

6. In the present facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs.2,00,000/- (Two Lakhs) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise-I, Araria, in connection with Araria (Bairgachi) P.S. Case No. 1016 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Mkr./- U