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Patna High CourtCR. MISC./23835/2021allowed

Rahul Kumar v. The State Of Bihar

2022-02-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23835 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- MOKAMAH District- Patna ====================================================== RAHUL KUMAR S/O SAJAN PRASAD @ SAJAN MAHTO R/O VILLAGE-MOKAMA GHAT, WARD NO.27, NEAR CRP CAMP, P.SMOKAMAAND DISTRICT-PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case (Excise) No. 5745 of 2020 arising out of Mokama P.S. Case No. 201 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to local politics. Further submission is that on perusal of seizure list, it appears that the alleged recovery has been made from the conscious possession of co-accused person namely, Ganesh Mahto. Nothing has been recovered from the possession of the petitioner. Petitioner has

Patna High Court CR. MISC. No.23835 of 2021(2) dt.04-02-2022 2/2 no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Special Judge, Excise, Patna in connection with Special Case (Excise) No. 5745 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T