Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65172 of 2025 Arising Out of PS. Case No.-589 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Rahul Kumar, S/o Vinod Sharma, R/o Village- Rampur, P.S.- Hariharganj, Distt.- Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 589 of 2025, instituted under Section 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, on a secret information, during vehicle checking total 11.250 litres foreign liquor recovered from the motorcycle of the petitioner which was being driven by Rakesh Kumar Singh who fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized motorcycle. Petitioner was not present on the spot. No incriminating material has been

Patna High Court CR. MISC. No.65172 of 2025(2) dt.07-10-2025 2/2 recovered from his possession. He has no concern with the seized liquor. It is further submitted that prior to the said occurrence he has sold the vehicle in question to one Rajesh Yadav and in proof the same he has filed a copy of sale deed in form of affidavit at Annexure-2. Petitioner had no knowledge about the misuse of the said motorcycle. Petitioner has no criminal antecedent. He undertakes to co- operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise 2nd, Aurangabad, in connection with Excise P.S. Case No. 589 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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