Rahul Rai @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26191 of 2021 Arising Out of PS. Case No.-353 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAHUL RAI @ RAHUL KUMAR Son of Vinod Rai @ Vinod Ray Resident of Village - Near Chhapki Pokhar, Chaknoor, P.S.- samastipur (Muffasil), Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 323, 333, 335, 341, 353, 504, 147, 148, 149, 225 and 120B of the Indian Penal Code and sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, on information having been received about large quantity of liquor being transported on a truck, a raid was conducted. Seeing the police personnel the accused persons made an attempt to escape but three of them were caught. It is further stated that one of the accused namely Swami Narayan disclosed the name of 12 other accused persons including the petitioner herein who had managed to escape.
Patna High Court CR. MISC. No.26191 of 2021(2) dt.24-09-2021 2/2 Large quantity of liquor was recovered from the truck in question.
It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The only material against him is the statement of a co-accused made before police. The petitioner is in custody since 30.1.2021 and has no criminal antecedent. Charge sheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent nor having been arrested at the spot, the Court directs the petitioner to be enlarged on bail in connection with Samastipur Mufassil P.S. Case no. 353 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Samastipur. (Partha Sarthy, J) Prakash/- U