Raushan Kumar @ Raushan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11977 of 2025 Arising Out of PS. Case No.-130 Year-2021 Thana- SANHAULA District- Bhagalpur ====================================================== Raushan Kumar @ Raushan Pandit Son of Prasadi Pandit @ Prasad Pandit R/O Vill- Tarar, P.S.- Sanhaula, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sanhaula PS Case No. 130 of 2021, Special Excise Case No. 1251 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 128.775 litres of foreign liquor was recovered from Tempo. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has transpired as being registered

Patna High Court CR. MISC. No.11977 of 2025(2) dt.25-02-2025 2/2 owner of the vehicle in question and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 08.01.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sanhaula PS Case No. 130 of 2021, Special Excise Case No. 1251 of 2021. (Rudra Prakash Mishra, J) Raj Ranjan/- U T