Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42582 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Rahul Kumar son of Manoj Kumar Resident of Village- Bhagwanpur Chouk near NH-28, Sahara India, Police Station- Bhagwanpur, District-Muzaffarpur Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 105 of 2025 for the offence registered under Sections 30 (a), 32(i), 32(iii), 41(i), 41(ii) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 142.2005 litres of foreign liquor recovered from the auto bearing Registration No. RB-06GG-2881. It is alleged that the petitioner is the registered owner of the seized auto.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the registered owner of the seized vehicle in question. He has no concern with the seized liquor. There is no incriminating article recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.42582 of 2025(5) dt.13-10-2025 2/2 Petitioner was not present at the place of occurrence. Coaccused Abhimanyu Kumar had taken the auto from the petitioner who has been arrested on the spot. Petitioner had no knowledge about the misuse of the auto by the co-accused Abhimanyu Kumar. Petitioner has one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the investigation of this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court, Kaimur at Bhabua where the case is pending in connection with Excise P.S. Case No. 105 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T