Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54843 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- KHANPURA District- Samastipur ====================================================== Raushan Kumar S/o Pramod Das @ Pramod Kumar Prasad Village - Ekta Chauk Khanpur , Police Station - Khanpur , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, 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 arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, there is recovery of 108.780 litres of foreign liquor from near the dhaab of village Madhuban.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that the petitioner was neither present at the place of recovery nor he got any concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Recovery is made from

Patna High Court CR. MISC. No.54843 of 2025(2) dt.27-08-2025 2/2 an open place. The seizure list has not been prepared in accordance with law. Petitioner has one criminal antecedent in which he is on bail. Petitioner 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 Exclusive Court of learned Special Judge Excise-I, Samastipur in connection with Khanpur P.S. Case No. 136 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) sauravkrsinha/- U T