Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21919 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Rahul Kumar S/O Kallu Chaudhary R/O Village- Ghoghata, P.S- Muffasil, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Adv For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner apprehends his arrest in connection with Doriganj P.S Case No. 381 of 2023 registered for the offence punishable under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 60 litres of country made liquor was recovered from the bag tied with the motorcycle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The name of the petitioner was sprung up on the basis of confessional

Patna High Court CR. MISC. No.21919 of 2024(2) dt.02-04-2024 2/3 statement of the apprehended co-accused Ganesh Kumar No incriminating article has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner has no cocnern with the seized liquor and the vehicle.There is no compliance of Section 100 of the Cr.P.C. The petitioner has clean antecedent.

5. Learned APP for the State Opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 20,000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Saran at Chapra/ concerned court in connection with Doriganj P.S. Case No. 381 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Chandra Prakash Singh, J) N.K/- U T

Patna High Court CR. MISC. No.21919 of 2024(2) dt.02-04-2024 3/3