Rahul Kumar @ Rahul Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42483 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- MAHNAR District- Vaishali ====================================================== Rahul Kumar @ Rahul Prasad S/o Late Upender Das R/o Babumohalla, P.S.- Mahnar, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Mahnar P.S. Case No. 41 of 2025 lodged on 01.02.2025, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, the total recovery of 2.160 liters of illicit liquor has been recovered from the house, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the said recovery has not been made from

Patna High Court CR. MISC. No.42483 of 2025(2) dt.09-07-2025 2/2 conscious possession of the petitioner. He further submits that petitioner has no concern with the said recovery.

5. Counsel submits that the criminal antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is clean.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Prohibition and Excise Court 2nd-cum- District and Additional Sessions Judge, Hajipur, Vaishali, in connection with Mahnar P.S. Case No. 41 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T