Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48329 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- Sinha District- Bhojpur ====================================================== Rahul Kumar Son of Ravindra Singh Resident of village - Hawaldarchak, P.S.- Dhanarua, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sinha PS Case No. 53 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 120 litres of foreign liquor was recovered from Car bearing Registration No. DL12CE-0876.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized

Patna High Court CR. MISC. No.48329 of 2025(2) dt.28-07-2025 2/2 vehicle. It is further submitted that petitioner is sitting as a passenger in the seized vehcle and he has no knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 11.06.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sinha PS Case No. 53 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T