Patna High CourtCR. MISC./14861/2023allowed

Rahul Kumar v. The State Of Bihar

2023-05-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14861 of 2023 Arising Out of PS. Case No.-698 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Rahul Kumar Son Of Ram Pravesh Thakur R/O Ward No.4, Baraharwa Sivan, P.S.- Dhaka, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mohit Raj For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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), 41(i) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 261 litres of Nepali liquor from jute bag which is alleged to be possessed by the petitioner.

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. It is further submitted that petitioner

Patna High Court CR. MISC. No.14861 of 2023(2) dt.09-05-2023 2/2 is only a member of mob and he was apprehended on the basis of suspicion. He is languishing in judicial custody since 20.11.2022.

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, 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 Excise Court No. I, East Champaran, Motihari in connection with Dhaka P.S. Case No. 698 of 2022.

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