Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30363 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- KURSAILA District- Katihar ====================================================== Raushan Kumar, age 30 Yrs., Male, S/o Bindeshwari Mandal, R/o Maliniya, P.S.- Kursela, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard Mr. Sanjeev Kumar Singh,K learned counsel appearing on behalf of the petitioner and Mr. Md. Nazir Ansari, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kursela P.S. Case No. 20 of 2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 30 litres of illicit liquor was recovered from a gallon allegedly thrown by the accused persons including the petitioner near the Malinia Railway Dhala after seeing the police party. They managed to flee away and Chowkidar has disclosed the name of the petitioner.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.30363 of 2025(2) dt.15-05-2025 2/3 petitioner submitted that petitioner is innocent and has falsely been implicated in the present case on the basis of suspicion. He further submitted that recovery of illicit liquor has been made from an open space, which is easily accessible by anyone. Petitioner has no concern with the alleged seized liquor.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner and recovery of illicit liquor has been made from an open space which is easily accessible by anyone, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Exclusive Excise Court No.2, Katihar / Concerned Court in connection with Kursela P.S. Case No. 20 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the

Patna High Court CR. MISC. No.30363 of 2025(2) dt.15-05-2025 3/3 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T