Patna High CourtCR. MISC./33719/2025bail granted

Rahul Kumar v. The State Of Bihar

2025-05-27Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33719 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- Roshna District- Katihar ====================================================== Rahul Kumar S/O Gorakh Yadav R/O Village- Kodha Bazar, P.S- Shahebpur Kamal, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Roshna P.S. Case no.10 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. There is a recovery of 173.88 litres of foreign liquor from a tempo bearing Registration No. BR09PA-3120. Two persons were arrested at the spot including the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner was merely the driver of the said tempo and he was not aware that illicit liquor was kept in the said vehicle. He further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions

Patna High Court CR. MISC. No.33719 of 2025(2) dt.27-05-2025 2/2 of the B.N.S.S. The petitioner is in custody since 02.02.2025 and has no criminal antecedent. He undertakes to cooperate in the case/trial and charge-sheet has been submitted in the case.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the above mentioned facts of the case, the petitioner is directed to be enlarged on bail in connection with Roshna P.S. Case no.10 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-cum-Excise Special Judge-II, Katihar.

(Soni Shrivastava, J) Harsh/- U T