Patna High CourtCR. MISC./33724/2021bail granted

Rahul Kumar v. The State Of Bihar

2021-12-21Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33724 of 2021 Arising Out of PS. Case No.-94 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== RAHUL KUMAR S/o Ram Bilash Singh R/o village- L.H. Mar Sonatand (Sector- 4), P.S.- City Police Station (Sector- 4), District- Bokaro (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Case No. 94C2 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story in brief is that Excise Officials on the basis of secret information intercepted a Mahindra Alto Auto, which was being driven by the petitioner and recovered a total quantity of 178.20 liters of illicit foreign liquor from the same.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely because

Patna High Court CR. MISC. No.33724 of 2021(2) dt.21-12-2021 2/2 the said Mahindra Alto Auto was being driven by the petitioner. He further submits that petitioner was having no knowledge about the illicit liquor being kept in the secret chamber of the said Mahindra Alto Auto by its owner and he has no criminal antecedent. He next submits that petitioner is in custody since 05.03.2021 and charge sheet has already been submitted. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is not the owner of the Mahindra Alto Auto in question, he is having no criminal antecedent, he is in custody since 05/03/2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, IInd, Jamui in connection with Case No. 94C2 of 2021.