Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58682 of 2025 Arising Out of PS. Case No.-312 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Rahul Kumar S/o Shailesh Yadav, R/o Vill - Mitan Ghat Near Khankah Masque, P.S.- Khajekalan, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Rai, Advocate.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP.

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

2. The petitioner seeks regular bail in connection with Khajekalan P.S. Case No.312 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on secret information that liquor is likely to be taken from Mitan Ghan towards Khankah, the police conducted a raid to the place of occurrence and saw that a man with jute bag over his head tried to flee away after seeing the police van but was apprehended and on search near the Mosque road total 240 litre country made liquor was recovered from 6 jute sack.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58682 of 2025(2) dt.10-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. He further submits that the alleged recovery of liquor has been made from a street near the Mosque which is an open place and accessible to public at large. Learned counsel submits that petitioner has no concern with the alleged seized liquor rather on the date of alleged incident he was on his way out for workout as a daily routine but was apprehended only on the basis of suspicion. He further submits that no incriminating article has been recovered from the conscious possession of petitioner or from his house. Learned counsel submits that petitioner is a student who is in custody since 31.07.2025, having clean antecedent. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the 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 bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive

Patna High Court CR. MISC. No.58682 of 2025(2) dt.10-09-2025 3/3 Special Court of Excise, Patna City, Patna in connection with Khajekalan P.S. Case No.312 of 2025.

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