Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16040 of 2025 Arising Out of PS. Case No.-2705 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Raushan Kumar S/O Ramslok Yadav @ Ramslok Rai R/O Katara Market, P.S.- Malsalami, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 2705 of 2024 dated 27.11.2024 registered for the offences punishable u/ss 30(a), 56(b), 30(c) and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 8 litres spirit, wrapper of Royal Stag (2000 pieces), wrapper of Imperial Blue Whiskey (500 pieces), cap (2000 pieces), QR Code (2000 pieces), empty pet bottle (2000 pieces) were recovered from the Tempo.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the said vehicle

Patna High Court CR. MISC. No.16040 of 2025(2) dt.02-04-2025 2/2 but he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by this court vide order dated 24.03.2025 passed in Cr. Misc. No. 12217 of 2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. As per the impugned order, the petitioner is in custody since 28.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Excise P.S. Case No. 2705 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T