Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57706 of 2025 Arising Out of PS. Case No.-220 Year-2025 Thana- Daudnagar Excise District- Aurangabad ====================================================== Raushan Kumar, S/O Rampravesh Singh R/O Village- Devkali, P.S- Obra, Dist.- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Daudnagar Excise P.S. Case No. 220 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act.

3. On secret information, on conducting raid at the marked place, police party recovered 29.250 litres illicit liquor from a dilapidated house South to the house of petitioner, kept in the bush. Petitioner was apprehended on the spot.

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. Nothing has been recovered

Patna High Court CR. MISC. No.57706 of 2025(3) dt.09-10-2025 2/3 from the conscious possession of the petitioner. He has no concern with the seized liquor or with the place of recovery. Recovery of illicit liquor has been made from an abandoned house which is accessible to anyone. There is no independent witness to the seizure-list. Petitioner has three criminal antecedents. He is in custody since 27.06.2025. Charge-sheet has already been submitted in this case. There is no chance of absconding the petitioner or tampering with the evidence.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged 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 learned Special Judge, Excise, Second, Aurangabad (Bihar) in connection with Daudnagar Excise P.S. Case No. 220 of 2025, subject to following conditions: (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient

Patna High Court CR. MISC. No.57706 of 2025(3) dt.09-10-2025 3/3 reason, the trial Court may cancel the bail of the petitioner.

(Sunil Dutta Mishra, J.) rakhi/- U T