Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22706 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Rajesh Kumar S/O Dilkeshwar Ram R/o Village- Mishra Tendua, P.STandawa, Distt.- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Anand, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Excise P.S. Case No. 171 of 2025, registered for the offences punishable under Sections 30(a), 32(3) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 2 litres of IMFL/country made liquor from the bike.

4. It is submitted by learned counsel that the petitioner implicated with present case being owner of the bike bearing registration no. JH03R888, which was provided to co-accused in good faith out of personal acquaintance, but later on found involved in carrying of illicit liquor. It is submitted that the act of co-accused was not in knowledge of petitioner and, therefore, it

Patna High Court CR. MISC. No.22706 of 2025(2) dt.30-04-2025 2/2 can be said safely that recovery of illicit liquor was not made from conscious physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-II, Aurangabad/concerned Court, where the case is pending in connection with ABP No. 518/2025 arising out of Excise P.S. Case No. 171 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T