Patna High CourtCR. MISC./31088/2024bail granted

Rahul Kumar Singh v. The State Of Bihar

2024-04-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31088 of 2024 Arising Out of PS. Case No.-624 Year-2023 Thana- BARUN District- Aurangabad ====================================================== Rahul Kumar Singh Son of Janeshwar Singh Resident of VillageShivnathpur, P.S.- Barun, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barun P.S. Case No. 624 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of total 85 liters of illegal country-made liquor behind a sack near Kesho ghat.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of disclosure by local Chaukidar. Petitioner has no concern with the alleged recovery

Patna High Court CR. MISC. No.31088 of 2024(2) dt.23-04-2024 2/2 of liquor and the place of occurrence does not belong to him. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. The provision of Section 100 of the Cr.P.C. has not been followed in this case. The petitioner is in custody since 24.01.2024 and has one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barun P.S. Case No. 624 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T