Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59867 of 2025 Arising Out of PS. Case No.-269 Year-2025 Thana- Excise P.S. District- Nalanda ====================================================== Rahul Kumar S/O late Awadh Kishor Prasad R/o- Kishanbag Meharpar, P.S. Laheri, Distt. -Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
3. There is total recovery of 1409.400 litres illicit liquor from Tata Magic Vehicle. Petitioner being driver of the vehicle was apprehended on the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner was apprehended on the spot but nothing has been recovered from conscious possession of the petitioner. Petitioner is not the owner of the vehicle in question. Petitioner has no concern with the seized liquor. Petitioner had no
Patna High Court CR. MISC. No.59867 of 2025(2) dt.17-09-2025 2/2 knowledge about the illicit liquor kept in the seized vehicle. Charge sheet has already been submitted after investigation and there is no chance of tampering with the evidence or absconding the petitioner. Petitioner has one criminal antecedent of similar nature in which he is on bail. Petitioner is in jail since 19.05.2025 and he undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioner 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 Special Court Excise, Second, Biharsharif, Nalanda in connection with Excise P.S. Case No.269 of 2025.
(Sunil Dutta Mishra, J) Harish/- U T