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2025 DAILYLAW 65225 (PAT)

Raushan Kumar v. The State of Bihar

CR. MISC./55475/2025 · 2025-08-14

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55475 of 2025 Arising Out of PS. Case No.-367 Year-2025 Thana- HISUWA District- Nawada ====================================================== Raushan Kumar S/o Ramadhin Prasad @ Ramadhin Prasad Yadav R/o Village- Shivganj, PS- Sitamarhi, Distt.- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Hisua PS Case No. 367 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 234 litres of country made liquor was recovered from Tempo and Motorcycle. 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. It is submitted that petitioner is neither the owner nor the driver of any of the Patna High Court CR. MISC. No.55475 of 2025(2) dt.14-08-2025 2/2 vehicles. It is further submitted that apprehended co-accused disclosed the name of the petitioner. The petitioner is in custody since 28.06.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on 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 Hisua PS Case No. 367 of 2025. Raj Ranjan/- (Rudra Prakash Mishra, J) U T