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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84572 of 2025 Arising Out of PS. Case No.-365 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Rohit Kumar Son of Dipnarayan Rai @ Dip Narayan Prasad @ Dinanath Rai Resident of Village- Baharampur, P.S.- Baikunthpur, District- Gopalganj, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 17-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Baikunthpur Police Station Case No. 365 of 2025, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act. 3. The prosecution case, as per the First Information Report, is that on 28.09.2025, around 05:45 p:m, police received secret information that one Parshuram Kumar was selling country-made liquor near his house in Banaura village. On such information, Police proceeded to the location, apprehended Parshuram Kumar as he tried to flee and recovered total 39 litres of country-made chulai liquor and 1kg plastic polythene from a
Patna High Court CR. MISC. No.84572 of 2025(2) dt.17-12-2025 2/3 nearby paddy field. During interrogation, Parshuram Kumar stated that one Bhupendra Rai supplied eight gallons of liquor via a Bolero vehicle. Of that amount, four gallons were taken by Rohit Kumar (petiitoner), two gallons by Lalu Ray and the remaining two gallons were purchased by Parshuram Kumar himself. 4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come on the discloser made by arrested co-accused Bhupendra Rai. Recovery has been made from the back side of the house of co-accused Bhupendra Rai. Liquor has not been recovered from the conscious possession and/or premises belonging to the petitioner. Petitioner is having no criminal antecedent. 5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and the liquor has not been recovered from the conscious possession and/or premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7.
Let the petitioner, above named, in the event of his
Patna High Court CR. MISC. No.84572 of 2025(2) dt.17-12-2025 3/3 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 District & Additional Sessions Judge XIII cum Special Excise Court No.-1, Gopalganj, in connection with Baikunthpur Police Station Case No. 365 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita. Siwani/- (Anil Kumar Sinha, J) U T