Patna High CourtCR. MISC./19688/2017bail granted

Rahul Kumar @ Tutu Kumar v. The State Of Bihar

2017-05-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19688 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -BODHGAYA District- GAYA ====================================================== Rahul Kumar @ Tutu Kumar Son of Arun Prasad, Resident of MohallaNarain Nagar, P.S. Mofassil, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Ehteshamuddin, Advocate. For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 Heard both sides.

The petitioner seeks bail in Bodh Gaya P.S. Case No. 108 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The police intercepted an Indica Vehicle bearing registration no. BR 2R 9960 and arrested Md. Jubair and the petitioner. The petitioner was sitting by the side of Md. Jubair who was the driver of the vehicle.

Learned counsel for the petitioner submits that the petitioner is nowhere concerned with the consignment. The owner of the car is Bablu Gupta. From perusal of the seizure list, it would appear that the seizure was made from a road situated near the petrol pump. It appears that the car was parked near the

Patna High Court Cr.Misc. No.19688 of 2017 (2) dt.02-05-2017 2/2 petrol pump and from the vehicle 972 pouches each containing 200 ML i.e. 194.4 liters country made liquor were recovered from the car. It appears that the petitioner was also accompanying the driver of the vehicle and he disclosed that the country made liquor is of Md. Shamim. The petitioner has remained in jail for more than 11⁄2 months.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Gaya in connection with Bodh Gaya P.S. Case No. 108 of 2017.

(Prabhat Kumar Jha, J) Mishra/- U T