Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19804 of 2021 Arising Out of PS. Case No.-360 Year-2020 Thana- KONCH District- Gaya ====================================================== 1.

RAHUL KUMAR Son of Birendra Singh Resident of Village Nimdi, P.S. Konch, District - Gaya.

2.

Shushil Kumar Son of Ram Lagan Chaudhary Resident of Village - Pirwa, P.S. Salaiya, District - Aurangabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners seek bail in connection with Konch P.S. Case No. 360 of 2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition Excise Amendment Act.

According to prosecution case, on 20.12.2020 the informant along with other police official during vehicle checking intercepted a tempo and recovered 100 litres country made liquor and petitioners were apprehended on the spot with seized liquor.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.19804 of 2021(2) dt.15-11-2021 2/2 petitioners are innocent and have committed no offence. Learned counsel further submits that nothing has been recovered from possession of the petitioners and they have been falsely implicated in this case merely on suspicion. Petitioners are in custody since 27.12.2020.

The learned Additional Public Prosecutor vehemently opposed the prayer of bail on the ground that 100 litres of liquor has been recovered from the tempo.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum Special Court of Excise, Gaya in connection with Konch P.S. Case No. 360 of 2020. (Rajesh Kumar Verma, J) shahzad/- U T