Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41364 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Raushan Kumar Purendra Mishra R/O Vill- Mohan Eghu , P.S- Muffasil, Distt.- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 25.92 litres Indian Made Foreign Liquor from BR-09AS-1898. Petitioner was alleged to fled from the place of recovery.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.41364 of 2025(2) dt.16-07-2025 2/3 has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of petitioner sprang up in this case merely on the basis of suspicion. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He has no concern either with the seized motorcycle or with the recovered liquor. It is further submitted that proper procedure of search and seizure has not been followed in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Muffasil P.S. Case no. 115 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.41364 of 2025(2) dt.16-07-2025 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge I, Begusarai, subject to the conditions as laid down under section 482 of BNSS.

(S. B. Pd. Singh, J) Nirajkrs/- U T