Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24514 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== Rahul Kumar Son of Harendra Thakur Resident of Village - Khedhwan, P.S.- Basantpur, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Basantpur P.S. Case No. 80 of 2020 registered for the offence under Sections 272, 273, 308, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

14 liters & 40 ml. of foreign liquor is said to have been recovered from the newly-constructed house of co-accused Gajendra Parwat, who disclosed the name of petitioner, as one of the person, who indulged in business of illicit liquor. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious possession of petitioner. It is further submitted that petitioner is not the owner of said house,

Patna High Court CR. MISC. No.24514 of 2020(2) dt.01-10-2020 2/2 from which, the alleged recovery has been made. Petitioner has no concern with the illicit liquor. It is stated in paragraph - 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances, the anticipatory bail application is allowed. In the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge 2nd cum Special Judge, Excise, Siwan in connection with Basantpur P.S. Case No. 80 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay/- U T