Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72207 of 2025 Arising Out of PS. Case No.-180 Year-2025 Thana- BHELDI District- Saran ====================================================== 1.

Rahul Kumar Lalan Ray R/o Village - Shekhpura, P.S. - Amanour, Dist. - Saran at Chapra.

2.

Sonu Kumar Son of Jugeshwar Ray R/o Village - Shekhpura, P.S. - Amanour, Dist. - Saran at Chapra.

3.

Shashi Kumar Son of Harindra Ray R/o Village - Shekhpura, P.S. - Amanour, Dist. - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2025

1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Bheldi Police Station Case No. 180 of 2025, dated 01.07.2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 (hereinafter referred to as 'the Act').

3. The prosecution story, as per the First Information Report, is that on 01.07.2025 at about 02:45 PM, the police, during patrolling, received secret information that a white Bolero vehicle was transporting illicit liquor towards

Patna High Court CR. MISC. No.72207 of 2025(2) dt.16-10-2025 2/3 Chapra. On this information, the police reached at Katsa Chowk and began vehicle checking. A white Bolero vehicle was seen approaching and on seeing the police party it attempted to flee away but was intercepted and the vehicle, along with its driver, was apprehended. Upon search, 560 liters of country-made illicit liquor kept in seven sacks was recovered. The apprehended person disclosed his name as Saddam Husain and further stated that the illicit liquor belonged to the petitioners.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to enmity and their names have been disclosed by the arrested co-accused Saddam Hussain. He next submits the petitioners were not present at the place of occurrence. He further submits that the vehicle and/or illicit liquor do not belong to the petitioners and illicit has not been recovered from conscious possession of the petitioners and/or vehicle belonging to them.

5. Regards being had to the submission advanced by learned counsel for the parties and taking into consideration the fact that the petitioners are not the owner of the vehicle, from where illicit liquor has been recovered,

Patna High Court CR. MISC. No.72207 of 2025(2) dt.16-10-2025 3/3 I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise 1st, Siwan at Chapra, in connection with Bheldi Police Station Case No. 180 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T