Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36346 of 2025 Arising Out of PS. Case No.-291 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Randhir Kumar S/O Ramesh Ray Resident of village- Parmanandpur Lal ward No. 14, Chhitrauli, P.S.- Mahua, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pratima Kumari, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-06-2025 Heard Ms. Pratima Kumari, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Mahua P.S. Case No. 291 of 2025 dated 03.03.2025 registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act (in short 'Excise Act').

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of illicit country-made liquor from two places and from the alleged places, some accused persons were apprehended but the petitioner's role in the recovery of the alleged liquor or in any other manner, did not come out and he has been made accused mainly on account of his motorcycle being found at the alleged second place of recovery and except this, there is no material to show the petitioner's involvement in the alleged recoveries of liquor and the alleged offence of the Excise Act does not attract against this petitioner even prima facie as merely on the basis of the presence of petitioner's motorcycle at the

Patna High Court CR. MISC. No.36346 of 2025(2) dt.20-06-2025 2/2 alleged place which admittedly does not belong to the petitioner, he can not be held liable for the recoveries of liquor. It is further submitted that the petitioner has fair and clean antecedent and has never remained involved in any kind of activity prohibited under the Excise Act and the accused persons, who were apprehended at the spot, did not reveal the petitioner's name as being involved in storing of the alleged liquor or manufacturing of the same.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the aforesaid submissions advanced by petitioner's counsel, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, 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 bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Mahua P.S. Case No. 291 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) annu/- U T