Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32979 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- KARAI PARSURAI District- Nalanda ====================================================== Raushan Kumar S/o Gopali Paswan R/o Village- Abbupur, P.S.- Karai Parsurai, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra 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 Karai Parsurai P.S. Case No. 51 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 50 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 due to village politics. The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his

Patna High Court CR. MISC. No.32979 of 2025(2) dt.15-05-2025 2/3 conscious possession. The name of the petitioner has transpired in this case on the basis of the disclosures made bythe coaccused Mithilesh Kumar. The petitioner is not the owner of the alleged motorcycles. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. 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 petitioner further submits that the co-accused persons have been granted regular bail by this Court vide order dated 30.04.2025 passed in Cr. Misc. No. 27090 of 2024.

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

Patna High Court CR. MISC. No.32979 of 2025(2) dt.15-05-2025 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Karai Parsurai P.S. Case No. 51 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