Rahul Kumar @ Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74012 of 2025 Arising Out of PS. Case No.-818 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== 1.

Rahul Kumar @ Rahul Kumar Yadav Son of Wakil Singh @ Wakil Singh Yadav R/o Village - Satvahani, Dhirajganj Gamhariya, P.S. - Aditpur, Dist. - Saraikila Kharsawan(Jharkhand).

2.

Devashish Mandal Son of Pashupati Mandal R/o Village - Bahadachura, P.S. - BaharGoda/Baharchura, Dist.- East Sihbhum(Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 818 of 2025, instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 980 liters spirit was recovered from pick-up vehicle and both the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.74012 of 2025(2) dt.30-10-2025 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of spirit. Learned counsel for the petitioners also submits that the petitioners are not the owner of the vehicle in question rather petitioner no. 1 is driver and petitioner no. 2 was found sitting on the same and both of them have got no knowledge with regard to the nature of goods loaded in the vehicle. The petitioners are in custody since 07.08.2025 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 818 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T