Rabis Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61163 of 2025 Arising Out of PS. Case No.-280 Year-2025 Thana- PIPRA District- East Champaran ====================================================== Rabis Kumar Son of Chandrika Sahani @ Chandrika Sahni Resident of Village- Bediban Madhuban, P.S.- Pipra, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate :
Ms. Harsha Shashwat, Advocate For the State :
Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard Ms. Harsha Shashwat, learned counsel for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Pipra P.S. Case No. 280 of 2025 registered for the offence under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, lodged on 14.06.2025 by the informant, Aabha.
3. As per the prosecution story, the Police upon information, intercepted a motorcycle and there is recovery/seizure of 30 liters country made liquor. The arrested person Rupesh Kumar gave the name of this petitioner as the person who escaped. This led to the F.I.R.
4. Learned counsel for the petitioner submits that he
Patna High Court CR. MISC. No.61163 of 2025(2) dt.23-09-2025 2/3 does not own the motorcycle nor anything recovered from his conscious possession and has no criminal antecedent and if granted relief, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer.
6. Considering the submissions of the parties as the fact that he has no criminal antecedent, the motorcycle do not belongs to him nor anything has been recovered from conscious possession and an undertaking has been given that he shall be diligently appearing in trial, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court No.3, Motihari, East Champaran, in connection with Pipra P.S. Case No. 280 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.61163 of 2025(2) dt.23-09-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T