Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58057 of 2025 Arising Out of PS. Case No.-167 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Rishi Kumar S/o- Ram Prasad Paswan, Resident of Village- Karhari PsBhagwanpur Dist- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Pratima Kumari, Advocate.

For the Opposite Party/s :

Mrs. Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No.167 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 69.75 litre country made liquor from the maize field near the house of petitioner. It is alleged that the petitioner fled away from the spot after seeing the police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. He further submits that the petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that petitioner has no concern either

Patna High Court CR. MISC. No.58057 of 2025(2) dt.16-09-2025 2/2 with the alleged seized liquor or the place from where the alleged recovery has been made. He further submits that the alleged recovery of liquor has been made from the maize field which is an open place and accessible to public at large. Learned counsel submits that 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 aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court 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 Additional District & Sessions Judgecum-Exclusive Special Excise Court No.I, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.167 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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