Raushan Das @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68050 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- JOGBANI District- Araria ====================================================== Raushan Das @ Raushan Kumar S/O Naresh Das Resident of villagePathardeva, Ward No. 01, P.S.- Bathnaha, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravish, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Jogbani P.S. Case no. 76 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that having received secret information about two persons coming on a motorcycle with illicit liquor from the Nepal side, it is stated that checking was started. Seeing the police personnel, while one of the accused fell down, the other accused managed to escape on the motorcycle. 14 litres of liquor was

Patna High Court CR. MISC. No.68050 of 2025(2) dt.08-10-2025 2/3 recovered from the accused who was caught at the place of occurrence and on inquiry, he disclosed the name of the petitioner as the person who had fled away on the motorcycle.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article was recovered from his possession. The only material against him is the statement of the co-accused made before the police. No incriminating article has been recovered from his possession and he has no antecedent under the Bihar Prohibition and Excise Act, 2016.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., no incriminating article having been recovered from the petitioner's possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Jogbani P.S. Case no. 76 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.68050 of 2025(2) dt.08-10-2025 3/3 sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-cum-Exclusive Special Judge Excise-II, Araria.

(Partha Sarthy, J) sauravkrsinha/- U T