Raushan Kumar Vishwakarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71996 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- GUTHANI District- Siwan ====================================================== Raushan Kumar Vishwakarma S/o Surendra Vishwakarma Resident of Village- Suryapur, P.S.- Rampur Karkhana, Deoria (Uttar Pradesh) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Majid Mahboob Khan For the Opposite Party/s :
Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-10-2025 Heard learned counsel for the parties.
2. The petitioner is apprehending his arrest in a case registered for the offences under Sections 111(i) of BNS and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the FIR, a 12-wheeler truck carrying hidden liquor from Deoria, Uttar Pradesh, to Bihar was intercepted by the police. One Sateyendra Yadav was apprehended; he admitted to transporting 2,116.8 liters of foreign liquor and named other accused persons as his associates.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case solely because he is the owner of the seized truck. The petitioner has no concern with the seized liquor. It is further
Patna High Court CR. MISC. No.71996 of 2025(2) dt.15-10-2025 2/3 submitted that the petitioner's truck was under the control of the driver, who was responsible for loading the material and delivering it to its destination, as the vehicle is typically used for the carriage of sand. Therefore, the petitioner was completely unaware of the loading and movement of the illicit items. Lastly, it is submitted that the petitioner has no criminal antecedent.
5. Without accepting the guilt, learned counsel for the petitioner proposes to deposit Rs.50,000/- (Rupees Fifty Thousand) in the welfare account of the Advocate Association of the Patna High Court.
6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liqour has not been recovered from the conscious possession of the petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Siwan in connection with Guthani P.S. Case No.130 of 2025 subject to
Patna High Court CR. MISC. No.71996 of 2025(2) dt.15-10-2025 3/3 the condition as laid down under Section 482(2) of the BNSS, 2023 and on production of the receipt showing deposit of Rs.50,000/- as proposed on behalf of the petitioner. (Ajit Kumar, J) shikha/- U T