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Patna High CourtCR. MISC./57095/2025allowed

Rahul Kumar v. The State Of Bihar

2025-09-10Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57095 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- EXCISE UDAKISHUNGANJ DistrictMadhepura ====================================================== Rahul Kumar S/O Late Dhananjay Singh Resident of Village- Khurhan, Ward No.- 5, P.S- Alamnagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Adv Mr. Barun Kumar Singh, Adv For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 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 Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 47 liters of Indian made foreign liquor and beer was recovered from the house of the petitioner. It is alleged that the petitioner was trying to throw the said liquor from the other side of the boundary wall of his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the seized liquor, which was recovered from the other side to the boundary wall of the

Patna High Court CR. MISC. No.57095 of 2025(3) dt.10-09-2025 2/2 said house. He further submits that no incriminating article has been recovered from the conscious possession from the house of the petitioner. The petitioner is a student. The petitioner is in jail custody since 19.07.2025. He has one criminal antecedents in which, he is on bail. Charge-sheet has already been submitted after completion of investigation. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in trial.

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 Additional Sessions Judge-VII-cum-Special Judge Excise- II, Madhepura, in connection with Udakishunganj Prohibition/Excise P.S. Case No. 130 of 2025.

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