Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82224 of 2025 Arising Out of PS. Case No.-551 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Rahul Kumar S/O Awadhesh Prasad Resident of Village-Godhwa,Ward No08,P.S-Muffasil, District-East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s :
Mr.Renuka Ratnakar (App.125) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 551 of 2025 dated 21.08.2025 registered under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the first information report a total quantity of 07 liters 920 ml English wine has been recovered from a bag belonging to the co-accused Shravan Kumar and the Police arrested him and he disclosed the name of the petitioner- Rahul Kumar.
4. Learned counsel for the petitioner submits that petitioner is
Patna High Court CR. MISC. No.82224 of 2025(2) dt.10-12-2025 2/3 innocent and has falsely been implicated in this case on the basis of suspicion and local party politics. The name of the petitioner surfaced in the confessional statement of the arrested co-accused / Shravan Kumar. The seized illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner rather the same has been recovered from the possession of the arrested o-accused Shravan Kumar . The petitioner has no criminal antecedent.
5. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner, name of petitioner has transpired in the confessional statement of the arrested co-accused and the petitioner has clean antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioner.
6. 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 Exclusive Special Excise Judge -1, East Champaran, Motihari in connection with Muffasil P.S. Case No. 551 of 2025 subject to the condition as
Patna High Court CR. MISC. No.82224 of 2025(2) dt.10-12-2025 3/3 laid down under Section 482 (2) of the B.N.S.S. 2023. (Anil Kumar Sinha, J) praful/- U T