Patna High CourtCR. MISC./39458/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-07-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39458 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Rahul Kumar, male, aged about 25 years, Son of Tribhuvan Prasad Singh, R/O Mahdinpur, Rajwa, Bangra PS, Samastipur, Bihar-848101. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with N.H. Bangra P.S Case No. 54 of 2024 dated 15.04.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 14.250 litres of illicit foreign liquor was recovered from the bag hanged on the handle of the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not the owner of the motorcycle. The owner of the motorcycle is co-accused no. 2. Nothing has been

Patna High Court CR. MISC. No.39458 of 2024(3) dt.16-07-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. As per letter no. 564, dated 09.07.2024, by the Superintendent of Police, Samastipur, the petitioner has two criminal antecedents. The petitioner is in custody since 16.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with N.H. Bangra P.S Case No. 54 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/amanU T