Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24771 of 2025 Arising Out of PS. Case No.-114 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Rahul Kumar, (Male), aged about 23 years, S/O Umesh Yadav, R/O Vill.- Charan, P.O.- Charan Kalla, P.S.- Mali, Dist.- Aurangabad- 824301 ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Tilauthu P.S. Case No.114 of 2024 dated 04.05.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. The petitioner was not arrested on the spot. His

Patna High Court CR. MISC. No.24771 of 2025(2) dt.08-05-2025 2/3 name has surfaced in the present case as the seized motorcycle was registered in the name of the petitioner. It is further submitted that the seized motorcycle was earlier sold by the petitioner to one Gudiya Devi, wife of the apprehended coaccused person Shiv Shankar Bhagat, Rohtas on stamp paper on 30.04.2024, annexed as Annexure-2 to the present bail petition. No incriminating article has been recovered from his possession. The petitioner has no concern with the alleged offence. It is further submitted that the co-accused Shiv Shankar Bhagat @ Tufani was arrested on the spot and seized illegal liquor was recovered from his possession. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 07.01.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, 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 the learned Special Judge, Excise, Rohtas at Sasaram (Bihar) in connection with

Patna High Court CR. MISC. No.24771 of 2025(2) dt.08-05-2025 3/3 Tilauthu P.S. Case No. 114 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T