Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12678 of 2023 Arising Out of PS. Case No.-553 Year-2022 Thana- GORAUL District- Vaishali ====================================================== Rahul Kumar S/O Harendra Ray Resident Of Village- Piroi, P.S.- Goraul, District- Vaishali.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32(ii), 38(2), 41(1) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 1017 litres of I.M.F.L. from three different vehicles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by chowkidar.

Patna High Court CR. MISC. No.12678 of 2023(2) dt.05-05-2023 2/2 Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 16.01.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali, Hajipur in connection with Goraul P.S. Case No. 553 of 2022.

(Sunil Kumar Panwar, J) Nirajkrs/- U T