Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16306 of 2019 Arising Out of PS. Case No.-791 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== RAHUL KUMAR, Son of Amod Ray Resident of Village - Neem Chowk Meenapur, P.S.- Town Hajipur, District - Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hajipur Town P.S. Case no. 791 of 2018, registered under Sections 414 and 420/34 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving the secret information about unloading of liquor by Sudhir Singh and his son Chandu Singh, who was doing business of illicit liquor in association with the Rahul Kumar (petitioner) and others, the informant along with other Police personnel reached in villageMinapur then saw a vehicle parked behind the house of Sudhir Singh & in front of house of Dr. Ravindra Singh. On seeing the Police personnel, 4 to 5 persons, who were present near the vehicle succeeded to flee away taking the advantage of

Patna High Court CR. MISC. No.16306 of 2019(8) dt.29-07-2019 2/2 darkness. On search of the vehicle, 432 bottles, each containing 375 ML, 912 bottles, each containing 180 ML and 120 bottles each containing 375 India made foreign liquor recovered from the vehicle. Whereas, on search of house of Sudhir Singh, 600 bottles, each containing 375 ML India made foreign liquor recovered.

Learned counsel for the petitioner submits that neither the petitioner was apprehended on the spot nor any person disclosed about involvement of petitioner in the business of illicit liquor with co-accused Sudhir Singh. The petitioner has falsely been implicated in this case due to dirty village politics. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Hajipur, Vaishali in connection with Hajipur town P.S. Case No. 791 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T