Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32594 of 2025 Arising Out of PS. Case No.-401 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Rahul Kumar Son of Arvind Yadav Village-Belkhundi P.S-Ariyari DistrictSheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Prasad,APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-06-2025

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

2. The petitioner apprehends his arrest in connection with Begusarai Excise P.S. Case no.401 of 2024 registered under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. From perusal of the F.I.R and seizure list would show that a total of 351 liters of foreign liquor was recovered from a ACE GOLD Magic container. It is further alleged on seeing police personnel three persons had fled away from the place of occurrence whose name featured in the F.I.R.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has transpired only for the reason that he happens

Patna High Court CR. MISC. No.32594 of 2025(3) dt.26-06-2025 2/2 to be the owner of the seized container. The petitioner has no knowledge that illicit liquor was being carried in the said vehicle. There was no independent witness to the seizure list and no recovery has been made from the physical or conscious possession of the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

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

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Begusarai Excise P.S. Case no.401 of 2024 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 Exclusive Special Excise Court-II, Begusarai, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T