Rahat Khan @ Rahat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38091 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== RAHAT KHAN @ RAHAT SON OF LATE RAJJAK @ LATE MD. RAJJAK RESIDENT OF VILLAGE - GANDHINAGAR, WARD NO. 43, P.S. - BHAKHTINAGAR, DISTRICT - JALPAIGURI (WEST BENGAL) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 329ii)(iii), 36, 41(i) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 1390.5 litres liquor of different brands of foreign liquor from a truck and four persons were arrested on spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused, namely

Patna High Court CR. MISC. No.38091 of 2023(2) dt.14-07-2023 2/2 Suresh Kumar (owner-cum-driver of the said truck) before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 27.4.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. 2, Supaul in connection with Raghopur P.S. Case No. 249 of 2022. (Sunil Kumar Panwar, J) sushma/- U