Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67561 of 2025 Arising Out of PS. Case No.-157 Year-2025 Thana- Arwal District- Arwal ====================================================== Rahul Kumar S/O Jaglal Das R/O Village - Jarnag Rampur, Ward No.- 13 , P.S. - Belsar, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025 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 Arwal Police Station Case No. 157 of 2025, disclosing offence under Sections 317(4), 318(4), 338, 336(3), 340(2), 3(5) of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in brief is that on 12.11.2023, the police got secret information that a Bolero Vehicle with Registration No. BR02PA5739 and a Suzuki Eeco Vehicle with Registration No. BR01CS8420 were coming from Sahar side carrying liquor. Upon such information, police officials reached towards the place of occurrence. Upon seeing the police party, it started running fast. Upon chase, both the
Patna High Court CR. MISC. No.67561 of 2025(2) dt.08-10-2025 2/3 vehicles were intercepted and accused persons were apprehended. The driver of Bolero vehicle was identified as Sagar Kumar and the other co-accused person Vinay Kumar. On search, total 124.2 liters of illegal English liquor was recovered from both the vehicles and two XDA number plates were recovered from the Bolero Vehicles.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come only because he is the registered owner of the said Bolero Vehicle bearing Registration No. BR02PA5739. He further submits that prior to the occurrence the Bolero Vehicle was sold in the name of Golu Kumar which is annexed at Annexure-P/2. Petitioner has no concern with alleged seized liquor nor Suzuki Vehicle bearing Registration No. BR01C18420. Petitioner is having no criminal antecedent.
5. Having heard learned Counsel for the parties concerned and taking into consideration the fact that prior to the occurrence, the petitioner has sold the Bolero Vehicle in the name of Golu Kumar and he is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.67561 of 2025(2) dt.08-10-2025 3/3
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) with two sureties of the like amount each to the satisfaction of learned Special Excise Court-II, Jehanabad, in connection with Arwal Police Station Case No. 157 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J) Siwani/- U T