Raunak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37228 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- Excise P.S. District- Khagaria ====================================================== Raunak Kumar S/o Ranjit Kumar Singh @ Jhupo Singh Village- Bishanupur Ahok, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Singh, Advocate For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-06-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Khagaria Excise P.S. Case No. 266 of 2024 arising out of Excise Case No. 1155© 3/2024 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 25.08.2024 by the informant, Bharosh Paswan.
3. As per the prosecution story, the Police intercepted a motorcycle. The accused tried to escape but one of them, Ritik Kumar was apprehended and there is recovery of 50 liters of 'Mahua'. He gave the name of the petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that admittedly, the recovery/seizure is from the Ritik Kumar, on his confession, his name has come. He has no criminal antecedent,
Patna High Court CR. MISC. No.37228 of 2025(2) dt.18-06-2025 2/3 is a student of 18 years.
5. Learned APP opposes the prayer submitting that the apprehended person has named him.
6. Considering the submissions of the parties as also the age of the petitioner coupled with the fact that he has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Khagaria Excise P.S. Case No. 266 of 2024 to the satisfaction of learned Exclusive Special Judge, Excise Court No.II, Khagaria subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.37228 of 2025(2) dt.18-06-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T