Rahul Kumar @ Rahul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36355 of 2021 Arising Out of PS. Case No.-408 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAHUL KUMAR @ RAHUL RAI Son of Chanderdeo Rai Resident of Village - Mohabatpur, P.S.- Deoriya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sahebganj P.S.Case No. 408/20, registered for the offence punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 550.305 liters of illicit liquor from a Bolero pick-up van.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.36355 of 2021(2) dt.14-12-2021 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 21.3.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 10 of the present petition that he has got no concern either with the liquor or with the seized Bolero pick-up van. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the Bolero pick-up van in question and he is languishing in custody since 21.3.2021, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.36355 of 2021(2) dt.14-12-2021 3/3 two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sahebganj P.S.Case No. 408/20.

(Mohit Kumar Shah, J) Ajay/- U T