Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20512 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Rahul Kumar, Son of Lalan Prasad @ Lalan Prasad Singh, Resident of East Indira Nagar Road No.- 1 Near Poddar Ray Mandir, Police Station - Kankarbag in the district of Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Aditya Kumar Pandey, Advocate For the State :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Kankarbag PS. Case No.115 of 2025, dated. registered for the offence punishable under Section 30(a)of the Bihar Prohibition and Excise Act, 2018.
3. As per allegation, about 122 liters of liquor has been recovered from an Endeavour Ford vehicle bearing registration no. JH-01V-5051 lying on the road near a temple.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the vehicle does not belong to him
Patna High Court CR. MISC. No.20512 of 2025(2) dt.23-04-2025 2/3 and he has nothing to do with the alleged offence.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in five other cases and the petitioner is on bail in all the cases..
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court Below, in connection with Kankarbag PS. Case No.115 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the
Patna High Court CR. MISC. No.20512 of 2025(2) dt.23-04-2025 3/3 disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T