Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70033 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- GURUA District- Gaya ====================================================== Rahul Kumar S/o Late Munna Chaudhary @ Late Munna Choudhry R/o Village - Goshpur, P.S - Gurua, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 5 litre illicit country made liquor from the house of petitioner and the petitioner managed to flee away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the place from where the recovery has been made does not belongs to the petitioner. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner has no concern either with the alleged seized

Patna High Court CR. MISC. No.70033 of 2025(2) dt.14-10-2025 2/2 liquor or with the place from where the recovery has been made. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Gaya in connection with Gurua P.S. Case No.315 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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