Rakesh Kumar @ Rocky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52614 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- Sahayak Khajanchi District- Purnia ====================================================== Rakesh Kumar @ Rocky S/o- Pawan Raj @ Pawan Rai Resident of Aataruwa, Maahedpur, Ward No.1, P.S. - Bhagwanpur, District - Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sahayak Khajanchi PS Case No. 182 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 258.80 litres of foreign liquor was recovered from Bus bearing Regd No. BR43PA-9425.

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

Patna High Court CR. MISC. No.52614 of 2025(2) dt.01-08-2025 2/3 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 vehicle. It is further submitted that petitioner is sitting as a passenger in the vehicle and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner is in custody since 20.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Similarly situated other co-accused has been granted regular bail by this Court vide order dated 28.07.2025 passed in Cr. Misc. No. 48313 of 2025.

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

Patna High Court CR. MISC. No.52614 of 2025(2) dt.01-08-2025 3/3 Court below/concerned Court in connection with Sahayak Khajanchi PS Case No. 182 of 2025.

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