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2025 DAILYLAW 33727 (PAT)

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

CR. MISC./24580/2025 · 2025-05-02

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24580 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Rahul Kumar @ Rahul Yadav @ Rahul S/o Ramashray Rai R/o Village- Jitwarpur Nizamat, Ward No. 19, P.S.- Mufassil, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Mishra, Adv. For the Opposite Party/s : Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 02-05-2025 Heard the parties. 2. The petitioner apprehends his arrest in connection with Excise (Sadar) P.S. Case No. 62 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2018 lodged on 04.03.2025 by the informant Neelkamal Mishra. 3. As per the prosecution story, the informant alleged that upon information, reached the place. The accused tried to escape whereafter the house was raided and there is recovery/seizure of 1147.095 litre of foreign liquor. This led to the FIR. 4. Learned counsel for the petitioner submits that it has been recovered/seized from the house not from his conscious possession. Patna High Court CR. MISC. No.24580 of 2025(2) dt.02-05-2025 2/2 5. Learned APP, on the other hand, has taken this Court to show that he has three criminal antecedents, two of the same nature. 6. Considering the submissions as also the criminal antecedents coupled with the huge recovery, it would be appropriate that he seek bail. 7. The anticipatory bail application stands rejected. Vijay Singh/- (Rajiv Roy, J) U T