Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36307 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== RAHUL KUMAR Son of Amarnath Paswan Resident of Village - Chhoti Kesho, P.S.- Daulatpur, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard Mr. Dhananjay Kumar Pandey, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Excise Complaint Case No. 28 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
The Police intercepted a Tata Magic Pick-up van and recovered 785.5 litres of illicit country made liqour from the same and arrested two persons namely, Bishu Mandal (Driver) and the petitioner. The petitioner was found sitting in the said Pick-up van.
Patna High Court CR. MISC. No.36307 of 2021(2) dt.06-01-2022 2/3 Learned counsel for the petitioner submits that the petitioner is neither the owner nor the driver of the vehicle in question, from which, the illicit liquor has been recovered. He further submits that the petitioner had taken a lift from the vehicle in order to reach the village and was not aware about the illicit liquor being kept therein. He further submits that the coaccused Bishu Mandal who was driver of the pick-up van, has been granted bail by this Court in Cr. Misc.30957 of 2021. The petitioner is in custody since 14.02.2021 having no criminal antecedent.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 14.02.2021,other co-accused person has been granted bail by this Court 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Banka, in connection with Excise Complaint Case No. 28 of 2021. It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.36307 of 2021(2) dt.06-01-2022 3/3 bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T