Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43883 of 2021 Arising Out of PS. Case No.-319 Year-2020 Thana- BHORE District- Gopalganj ====================================================== RAHUL KUMAR S/O CHANDRIKA PATEL R/O VILLAGE-STATION CHOWK, MIRGANJ, DISTRICT-GOPALGANJ.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Trial No. 4706 of 2020 arising out of Bhore P.S. Case No. 319 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. A Tempo was intercepted, being driven by the petitioner and Police recovered a total quantity of 160.400 liters of illicit liquor from the said Tempo.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated in this case merely because he happens to the driver of the Tempo. He further submits that petitioner plies the Tempo on the instruction of its owner and so many

Patna High Court CR. MISC. No.43883 of 2021(2) dt.04-02-2022 2/2 passengers travelled on the Tempo driven by the petitioner and they might have had kept the illicit liquor, the petitioner is in custody since 5 / 10 / 2020 and charge sheet has already been submitted .

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 5 / 10 / 2020, charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid 19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge, Gopalganj in connection with Trial No. 4706 of 2020 arising out of Bhore P.S. Case No. 319 of 2020. (Anil Kumar Sinha, J) praful/- U T