Rahul Kumar @ Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41967 of 2021 Arising Out of PS. Case No.-384 Year-2021 Thana- ARARIA District- Araria ====================================================== Rahul Kumar @ Rahul Kumar Yadav Son of Naresh Yadav Resident of Village- Magheli Bazar Ward No.15, Police Station- Shankarpur, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Araria (Bairgachhi) P.S. Case No. 384 of 2021 corresponding to Special Case No. 482 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 144 litres of foreign liquor has been recovered from Tata Indigo car of which this petitioner was driver and he was apprehended on the spot.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply driving the vehicle and was not aware about the nature of consignment. Petitioner is in custody since 17.11.2020 having

Patna High Court CR. MISC. No.41967 of 2021(2) dt.26-10-2021 2/2 no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Araria in connection with Araria (Bairgachhi) P.S. Case No. 384 of 2021 corresponding to Special Case No. 482 of 2021. (Prabhat Kumar Singh, J) vinita/- U T