Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63222 of 2025 Arising Out of PS. Case No.-162 Year-2025 Thana- MAKER District- Saran ====================================================== 1.

Rakesh Kumar S/O Dashrath Prasad Resident of Village- Nayaka Tola Ahirauliya, P.S.- Kotwa, District- East Champaran 2.

Akshay Kumar S/O Ramdev Prasad Resident of Village- Nayaka Tola Ahirauliya, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2016.

3. The save of the prosecution is that altogether 865.05 liters of country made foreign liquor was recovered from a cabin of the truck.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that petitioners are only the driver and the co-driver of the said

Patna High Court CR. MISC. No.63222 of 2025(2) dt.22-09-2025 2/2 vehicle and they were unaware of the Illicit liquor kept in the truck. It is further submitted that the petitioner has no criminal antecedent. Moreover, the petitioners have been languishing in judicial custody since 05.07.2025.

5. Learned APP appearing for the State has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Maker P.S. Case No. 162 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Saran.

(Ashok Kumar Pandey, J) Jagdish/- U T