Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21734 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== RAHUL KUMAR Son of Raghvendra Rai @ Raghvendra Kumar Ray Resident of Village- Narayanpur Ward No. 10, P.S.- Pupri, District- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Devendra Kumar, Advocate For the Opposite Party :

Mr.Amarendra Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 21.02.2019 in connection with G.O.Case No. 12 of 2019 for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel is that the petitioner along with co-accused was apprehended carrying 27 liters of Nepali Saufi wine. Accordingly, seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the FIR and the petitioner cannot be attributed to the offence so committed. He further submits that the petitioner has been sufficiently punished and is languishing in judicial custody since 21.2.2019 and undertakes to co-operate in the investigation and not to tamper

Patna High Court CR. MISC. No.21734 of 2019(2) dt.09-04-2019 2/2 with the prosecution witnesses.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record coupled with the fact that the petitioner does not bear any criminal antecedent as stated in paragraph 3 of the bail application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with G.O. Case No. 12 of 2019 to the satisfaction of learned Additional Sessions Judge II cum Special Judge (Excise Act) Sitamarhi subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shashi U T