Rahul Kumar @ Rahul Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46979 of 2025 Arising Out of PS. Case No.-916 Year-2024 Thana- BARH District- Patna ====================================================== Rahul Kumar @ Rahul Chaudhary S/o- Raj Kishore Chaudhary @ Tutu Chaudhary R/o- Agwanpur P.S. Barh District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barh P.S. Case No. 916 of 2024 dated 01.12.2024 registered for the offences punishable under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, Sections 132, 109(1) read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, total 41.5 litres of foreign liquor and beer was recovered from the bags of Sunny Paswan and Ajay Kumar who disclosed the names of Golu Kumar, Anil Paswan, Rahul Chaudhary (petitioner), Koko Kumar and Sujit Paswan @ Viswajit Paswan as fleeing persons

Patna High Court CR. MISC. No.46979 of 2025(2) dt.24-07-2025 2/3 from the place of occurrence and during that course they also started firing on police with intention to kill them. It is also alleged that near R.P.F. Barrack, two fired cartridges were also recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was not arrested on the spot. The apprehended person disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery. The other co-accused person has already been granted bail by this court vide order dated 10.07.2025 passed in Cr. Misc. No. 37290/2025. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 25.04.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.46979 of 2025(2) dt.24-07-2025 3/3 concerned, Barh, Patna in connection with Barh P.S. Case No. 916 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T