Raushan Kumar @ Roshan Kumar @ Baudha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39424 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== Raushan Kumar @ Roshan Kumar @ Baudha S/o- Pramod Kumar Prasad @ Pramod Das Village- Ekta Chawk Ps- Khanpur Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in Khanpura P.S. Case No. 61 of 2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 144 liters liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the alleged place of
Patna High Court CR. MISC. No.39424 of 2024(3) dt.12-07-2024 2/2 recovery is a joint family property where other family members also reside and the parking room is an open place which is easily accessible to public at large. The petitioner has got np criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
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, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khanpura P.S. Case No. 61 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T