Raja Mahto @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54918 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Raja Mahto @ Rupesh Kumar S/o Ashok Mahto R/o Village- Basudeopur Chandpura, PS - Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bakhri (Bakhari) P.S. Case No. 230 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 250.560 litres of illegal foreign liquor was recovered from the Bolero Jeep bearing Registration No. BR09H-9911.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner has no concern with the seized Bolero Jeep or with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither the owner nor the driver of the seized vehicle. He further submits that the disclosure statement made by the co-accused, the

Patna High Court CR. MISC. No.54918 of 2025(2) dt.27-08-2025 2/2 petitioner has been implicated in this case. There is no independent witness in the seizure list. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge- II, Begusarai in connection with Bakhri (Bakhari) P.S. Case No. 230 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) Raj Ranjan/- U T