Rakesh Kumar @ Rakesh Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68322 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- KARAHGAR District- Rohtas ====================================================== Rakesh Kumar @ Rakesh Kushwaha S/o- Pyare Singh @ Ram Pyar Singh Resident of Village- Muhalla- Bakasara PS-Karaghar, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the house of co-accused Rogi Singh, altogether 154.82 liters of country made foreign liquor along with a country made pistol and three live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner rather the

Patna High Court CR. MISC. No.68322 of 2025(2) dt.24-09-2025 2/2 recovery of the alleged articles has been made from the house of co-accused. The name of this petitioner has come on the basis of statement of co-villagers. He has been falsely implicated in this case. Moreover, he is languishing in judicial custody since 01.09.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submitted that petitioner is having criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Karagahar P.S. Case No. 122 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 Judge Excise Court No. 1, Rohtas at Sasaram.

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