Mohar Kumar @ Rakesh @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33591 of 2024 Arising Out of PS. Case No.-324 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Mohar Kumar @ Rakesh @ Rakesh Kumar Son of Bideo Yadav @ Ajay Yadav Resident of Village - Judagir Bigaha @ Shankar Bigaha, P.S. - Daudnagar, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in Daudnagar @ DNR P.S. Case No. 324 of 2023, registered for the offence punishable under Sections 30(a)(c)(D) and 36 of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per F.I.R., on a secret information a raid was conducted and 70.92 litres of illicit wine, utensils and caps of bottles were recovered. It is alleged that this petitioner, along with other accused persons, is involved in manufacturing of duplicate liquor.

4. Learned counsel appearing on behalf of the petitioner submits that as per F.I.R., illicit liquor has been

Patna High Court CR. MISC. No.33591 of 2024(2) dt.28-06-2024 2/2 recovered from an open place near the fallow land of co-accused Anil Chaudhary. It is next submitted that nothing has been recovered from the conscious possession of the petitioner and he has been made an accused in this case merely on suspicion. Petitioner is in custody since 01.04.2024.

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

6. Considering the rival submissions, the fact that nothing has been recovered from the conscious possession of the petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner 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 Special Judge, Excise, Second, Aurangabad, Bihar, in connection with Daudnagar @ DNR P.S. Case No. 324 of 2023 corresponding to General Registration No. 717 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T