Raushan Kumar @ Raushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56104 of 2025 Arising Out of PS. Case No.-364 Year-2021 Thana- SONEPUR District- Saran ====================================================== Raushan Kumar @ Raushan Yadav, Son of Megha Rai @ Meghnath Rai @ Megha, Village -Pahleja Shahpur Diara, P.S. -Sonepur, District -Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a), 38 and 41(i) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 22.950 litres of foreign liquor from the tempo bearing Registration No. BR-31PA-2526 and the apprehended coaccused Anil Rai disclosed the name of the petitioner that the petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure statement of the co-accused that the seized liquor belongs to the petitioner. He has no concern with

Patna High Court CR. MISC. No.56104 of 2025(4) dt.18-09-2025 2/3 the seized liquor or tempo. Petitioner is not the owner of the seized tempo. Nothing incriminating material was recovered from the conscious possession of the petitioner. Petitioner has two criminal antecedents in which he is on bail. He is in custody since 10.06.2025. Charge-sheet has already been submitted and there is no chance of absconding the petitioner or tampering with the prosecution evidence. Petitioner undertakes to cooperate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Saran at Chapra in connection with Sonepur P.S. Case No. 364 of 2021, subject to the following conditions:-

(1) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.

Patna High Court CR. MISC. No.56104 of 2025(4) dt.18-09-2025 3/3

(2) Petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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