Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35142 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== RAHUL KUMAR S/O SHIVCHANDRA RAI R/o village- Jafrabad Tak, P.S.- Raghopur (Rustampur O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Soni, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard Mr. Rakesh Kumar Soni, learned counsel for the petitioner and Mr. Bharat Lal, Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Raghopur (Rustampur OP) PS Case No. 148/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

The allegation, as per First Information Report, is that the police, on the basis of secret information that the petitioner along with other accused persons are engaged in the business of illicit liquor, proceeded towards the place of occurrence and recovered 70 litres of country made liquor from the bank of river.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35142 of 2021(2) dt.04-01-2022 2/2 petitioner was not arrested from the place of occurrence rather he was arrested from his house and no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him. Learned counsel next submits that petitioner has got no criminal antecedents and is in custody since 14.02.2021.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 14.02.2021 having no criminal antecedents, no illicit liquor has been recovered from his possession nor from the premises belonging to him and charge-sheet has been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, RAHUL KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Vaishali at Hajipur in connection with Raghopur (Rustampur OP) PS Case No. 148/2020.

(Anil Kumar Sinha, J) perwez U T