Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35279 of 2025 Arising Out of PS. Case No.-246 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Raushan Kumar S/o Anil Kumar Chaudhary @ Anil Chaudhary VillageBidupur kaali Asthan, Khilwat, PS- Bidupur, District- Vaishali, Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rupa Kumari, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No-246 of 2025, dated-26.03.2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation, 882 liters of illicit liquor has been recovered from a pick up van bearing Registration NoBR06GD-1838 which being driven by the Petitioner herein.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He also submits that the Petitioner was not aware of the nature of consignment present in the vehicle and as per the instruction of the owner of the vehicle he was driving the
Patna High Court CR. MISC. No.35279 of 2025(3) dt.14-08-2025 2/3 vehicel. He also submits that charge-sheet in this case has already been submitted.
5. He further submits that the petitioner has been languishing in jail since 27.03.2025.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in three other cases.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Hajipur Sadar P.S. Case No-246 of 2025 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that
Patna High Court CR. MISC. No.35279 of 2025(3) dt.14-08-2025 3/3 investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T