Rahat Khan @ Rahat @ Md. Rahat @ Md. Rahat Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19206 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Rahat Khan @ Rahat @ Md. Rahat @ Md. Rahat Khan Son Of Md. Rajjak R/V- Gandhi Nagar, Sevoke Road, P.S- Shaktinagar, Dist- Silliguri (jalpaiguri) West Bengal ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 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) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 3793.680 litres of Indian Made Foreign Liquor from the house of co-accused Anil Yadav and Santosh Yadav. The allegation against the petitioner is that petitioner was supplying the liquor after receiving money from the coaccused persons.

Patna High Court CR. MISC. No.19206 of 2023(2) dt.18-05-2023 2/3 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 or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 13.10.2022.

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 as well as period under custody, 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

Patna High Court CR. MISC. No.19206 of 2023(2) dt.18-05-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 356 of 2022.

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