Patna High CourtCR. MISC./62318/2025bail granted

Rajnish Kumar v. The State Of Bihar

2025-09-24Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62318 of 2025 Arising Out of PS. Case No.-156 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== Rajnish Kumar S/o Abhishek Kumar Resident of Village- Kurtha, Sakurabad More, P.O.- Kurtha. P.S.- Kurtha, District- Arwal, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Barial For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pakribarawan Police Station Case No. 156 of 2025, dated 06.04.2025, disclosing offences under Sections 30(a)/37(c) of the Bihar Prohibition and Excise Act.

3. The prosecution story, as per the First Information Report, is that on 06.04.2025, during vehicle checking near Chatar Mor, the police intercepted a black Thar vehicle, bearing registration no. BR01FS0008, which was stopped after chase. Upon search, a total of 370 ml illicit liquor was recovered from under the driver's seat. The driver, namely Mayank Pal Singh, was found under the influence of alcohol upon breath analyzer test and was arrested and

Patna High Court CR. MISC. No.62318 of 2025(2) dt.24-09-2025 2/3 the vehicle was seized.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the registered owner of the said vehicle. He next submits that the vehicle, from where illicit liquor has been recovered, was given to his friend, namely Mayank pal Singh, for medical emergency, who was arrested on the spot, and the petitioner had no knowledge about the illicit liquor being kept therein. The petitioner has got no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused only because he happens to be the registered owner of the vehicle, in question, which was given to his friend Mayank Pal Singh, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.62318 of 2025(2) dt.24-09-2025 3/3 each to the satisfaction of learned Exclusive Special Court-1, Nawada, in connection with Pakribarawan Police Station Case No. 156 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T