Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5870 of 2024 Arising Out of PS. Case No.-432 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Rahul Kumar S/O SHIV SHANKAR RAI R/O- DIDARGANJ, PS.- DIDARGANJ, DIST. PATNA. BIHAR, BHARAT.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kritu Verma For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Didarganj P.S. Case No.432 of 2023 registered for the offence under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of 450 litres of illicit liquor from Piaggio Tempo.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner rather the same was recovered from a Piaggio Tempo. It is further submitted that the petitioner has no concern

Patna High Court CR. MISC. No.5870 of 2024(2) dt.13-02-2024 2/2 with the alleged recovery of illicit liquor as well as vehicle in question. It is further submitted that petitioner is a man of clean antecedent as mentioned in paragraph no.3 of the bail petition and he is in custody since 27.12.2023. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels.

5.

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

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Didarganj P.S. Case No.432 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City. 7.

However, the trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) S.Katyayan/- U T