Rahul Safi @ Rahul Kumar Safi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32825 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- Excise Benipatti District- Madhubani ====================================================== Rahul Safi @ Rahul Kumar Safi S/o Binod Safi R/o Vill.- Kataia Benipatti, P.S. - Benipatti, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Benipatti Excise P.S. Case No. 26 of 2025 arising out of G.R. No. 201 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the police has recovered total 234 liters of illicit liquor from two motorcycles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his conscious possession.
Patna High Court CR. MISC. No.32825 of 2025(2) dt.15-05-2025 2/3 The petitioner has one criminal antecedent in which he is on bail as has been stated in paragraph no.3 of the present anticipatory bail application. He further submits that none of the seized motorcycles belong to the petitioner. The name of the petitioner has been disclosed by the apprehended co-accused persons. The petitioner has no concern with the alleged occurrence or the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.
5. Learned counsel for the petitioners further submits that the co-accused have been granted regular bail by this Court vide order dated 09.04.2025 passed in Cr. Misc. No. 22273 of 2025.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where
Patna High Court CR. MISC. No.32825 of 2025(2) dt.15-05-2025 3/3 the case is pending/successor court in connection with Benipatti Excise P.S. Case No. 26 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T