Patna High CourtCR. MISC./5354/2024bail granted

Rahul Kumar @ Rahul Kumar Ray v. The State Of Bihar

2024-02-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5354 of 2024 Arising Out of PS. Case No.-735 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Rahul Kumar @ Rahul Kumar Ray Son Of Late Nathuni Ray Resident Of Village- Braitha Telgama, Ps- Patory (MOHANPUR Op), Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Patory (Mohanpur O.P.) P.S. Case No. 735 of 2023, lodged on 27.11.2023 under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, total 72 litres of foreign liquor was recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that 18 litres of alleged foreign liquor was recovered from the verandah of the petitioner and the rest was recovered from the vehicle. Counsel further submits that the

Patna High Court CR. MISC. No.5354 of 2024(2) dt.07-02-2024 2/2 petitioner is subject to conspiracy.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 28.11.2023. Counsel also submits that the charge-sheet has already been filed in this case.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above considering the antecedent of the petitioner, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-02, Samastipur in connection with Patory (Mohanpur O.P.) P.S. Case No. 735 of 2023.

(Dr. Anshuman, J.) Divyansh/- U T