Raunak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27255 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- DHANARUA District- Patna ====================================================== Raunak Kumar S/o Sri Shishupal Singh @ Shishupal Kumar Resident of Village- Lakhana, P.S.- Gaurichak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Sinha, Advocate :
Mr. Arvind Kumar Srivastav, Advocate :
Mr. Satyendra Kumar Bhatnagar, Advocate :
Mr. Santosh Kumar, Advocate :
Mr. Krishna Murari Prasad, Advocate :
Mr. Kumar Shivam Sinha, Advocate :
Mr. Pancham Lal, Advocate For the State :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Dhanarua P.S. Case No. 104 of 2025 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 13.02.2025 by the informant, Hemant Kumar Jha.
3. As per the prosecution story, the Police tried to intercept a Maruti vehicle. The accused tried to escape but ultimately crashed near a tree, the accused managed to escape and from the vehicle there is/was recovery of 153.5 liters foreign liquor and from the motorcycle there is recovery of 2
Patna High Court CR. MISC. No.27255 of 2025(2) dt.06-05-2025 2/3 liters beer. This led to the F.I.R.
4. Learned counsel for the petitioner submits that though he has criminal antecedent, neither the car nor the motorcycle belongs to him, his name has come on the statement of the locals, undertakes to diligently appearing in trial.
5. Learned APP opposes the prayer for bail.
6. Considering the submissions put forward by the parties as also that nothing has been recovered from his conscious possession, both the vehicle does not belong to him as recorded in the petition, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge Excise-II, Patna, in connection with Dhanarua P.S. Case No. 104 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.27255 of 2025(2) dt.06-05-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T