Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51006 of 2025 Arising Out of PS. Case No.-675 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Raushan Kumar S/o Vishram Mochi R/o Village- Bidauli Kalichak, PSBhagwanganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Ram Krishna Nagar P.S. Case No. 675 of 2023, dated 17.10.2023, lodged under Sections 30(a), 32(ii) (iii) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, total recovery of 160 litres of illicit liquor has been made from a tempo, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the criminal antecedent of the petitioner is clean. He further submits that nothing has been recovered from the possession of the petitioner. He further submits that the

Patna High Court CR. MISC. No.51006 of 2025(2) dt.11-08-2025 2/2 petitioner had given his tempo on rent to another person and had no knowledge that the person who took the tempo on rent was involved in such illegal activity. He also submits that, in the future, the petitioner shall exercise due caution in this regard. Additionally, he submits that the petitioner is ready to comply with any conditions whatsoever that may be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. 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 Trial Court 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 Special Judge, Excise-II, Patna, in connection with Ram Krishna Nagar P.S. Case No. 675 of 2023 ubject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T