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Patna High CourtCR. MISC./9087/2019bail granted

Rahul Kumar Singh v. The State Of Bihar

2019-02-15Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9087 of 2019 Arising Out of PS. Case No.-730 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== RAHUL KUMAR SINGH, aged about 22 years, Male, Son of Bhadai Singh, Resident of Bindusar Buzurg, P.S.- Mahadeva O.P., district Siwan ... Petitioner

Versus

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

For the Petitioner :

Mr. Ranjeet Kumar, Adv.

For the Opposite Party :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 27.12.2018 in connection with Siwan Muffasil P.S. Case No. 730 of 2018 for the offence alleged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that petitioner was apprehended along with 24 liters of illicit beer. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. Petitioner undertakes not to induce witnesses or tamper with the prosecution evidence.

However, the learned Additional Public Prosecutor for

Patna High Court Cr.Misc. No.9087 of 2019(2) dt.15-02-2019 2/2 the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Siwan Muffasil P.S. Case No. 730 of 2018 to the satisfaction of the learned Additional Sessions Judge II-cum Special Judge, Excise, Siwan, subject to the condition one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T