Rahul Pasi @ Rahul Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75787 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- MADHEPUR District- Madhubani ====================================================== RAHUL PASI @ RAHUL KUMAR MAHTO S/O Bhaglu Pasi @ Jageshwar Mahto R/O Vill.- Madhepur East, P.S.- Madhepur, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Madhepur P.S. Case No. 88 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 252 liters liquor was recovered from TATA Indigo Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is neither

Patna High Court CR. MISC. No.75787 of 2025(2) dt.31-10-2025 2/3 owner nor driver of the car in question. The petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused person and the same has got no evidentiary value. Learned counsel for the petitioner, therefore, contends that prima-facie, no case is made out against the petitioner. The petitioner has got three criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 05.08.2025 passed in Cr. Misc. No. 51307 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhepur P.S. Case No. 88 of 2025, subject to the conditions as laid down under

Patna High Court CR. MISC. No.75787 of 2025(2) dt.31-10-2025 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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