Raosan Kumar @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28129 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- KARAI PARSURAI District- Nalanda ====================================================== Raosan Kumar @ Raushan Kumar, male, aged about 20 years, son of Gopali Paswan, resident of Village- Abbupur, P.S- Karai Parsurai, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Rajeev Kumar, learned counsel appearing on behalf of the petitioner and Mrs. Rina Sinha, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Karai Parsurai P.S. Case No. 08 of 2025 registered for the offence punishable under Section 30 (a) and 30(c) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 30 litres of illicit liquor along with the articles used in manufacturing of liquor from an open place of village Abbupur.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. Petitioner has no concern with the seized liquor nor he is involved in trade or
Patna High Court CR. MISC. No.28129 of 2025(2) dt.07-05-2025 2/3 manufacturing of liquor in any manner. The place of recovery is an open place which is accessible to anyone. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.
6. Considering the fact that the recovery of 30 litres of illicit liquor from an open place, which is easily accessible to any one, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Vth Addl. District & Sessions Judge - cum- Special Excise Court, Bihar Sharif at Nalanda, in connection with Karai Parsurai P.S. Case No. 08 of 2025,
Patna High Court CR. MISC. No.28129 of 2025(2) dt.07-05-2025 3/3 subject to the condition as laid down under Section 482(2) of the B.N.S.S.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T