Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14155 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Rahul Kumar, Son of Raj Kumar Ram, Resident of Village- Bariyarpur Tisri Khunt Barauni-3, P.S.- Teghra, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Randhir Kumar No-1 For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.01.2018 in connection with Teghra P.S. Case No. 21/18 for offences punishable under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that some persons have assembled, who are dealing in liquor, the police conducted a raid and found 4-5 persons standing while four persons managed to flee away. The petitioner was apprehended and from the room where gunny bags were stitched 29.580 litres of foreign liquor was

Patna High Court Cr.Misc. No.14155 of 2018 (2) dt.13-03-2018 2/2 recovered. 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 nothing has been recovered from his conscious possession. He submits that even Section 100 Cr.P.C. has not been complied with as the raid took place in a busy place but the witnesses are police personnel. Petitioner is ready to cooperate in the investigation, provide all necessary information and undertakes not to tamper with the evidence or prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Addl. Sessions Judge-II cum Special Judge, Excise Act, Begusarai, in connection with Teghra P.S. Case No. 21 of 2018. (Nilu Agrawal, J) Rajesh/- U T