Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45664 of 2025 Arising Out of PS. Case No.-360 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== Rahul Kumar S/o Saukhilal Ray R/o Village-Nimahi, P.S.-Bajpatti, District.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 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 connection with Sursand P.S. Case no. 360 of 2021 instituted for the offence under Sections 30 (a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that one Manoj Rai was apprehended on the spot and from his bike altogether 12.7 liters of Nepali liquor was recovered.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the petitioner is the owner of the bike that is why he has been implicated in connection with the present case. It is also submitted that one Raushan Kumar is the relative of the

Patna High Court CR. MISC. No.45664 of 2025(2) dt.04-08-2025 2/2 petitioner who has demanded his bike for some urgent work. He has no knowledge about the said liquor. Further submission is that the petitioner is having one criminal antecedent of similar nature.

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

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 Sursand P.S. Case no. 360 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Sitamarhi, subject to the conditions as laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS with a direction that the petitioner shall not indulge himself in similar nature of offence in near future.

(Ashok Kumar Pandey, J) Jagdish/- U T