Patna High CourtCR. MISC./41617/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-07-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41617 of 2024 Arising Out of PS. Case No.-328 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Rahul Kumar SON OF Manish Rai @ Uday Chandra Keshri VillageChakathkursi PS- Bidupur Dist -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Bidupur P.S. Case No. 328 of 2023 registered under Section 30(a) of Bihar Excise Act.

3. As per prosecution case, 51.750 liters illicit liquor and one motorcycle bearing Regd. No. BR31-AJ-2930 were recovered 100 metre south of residential house of Dr. Gopal Rai, Village- Panapur.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to enmity. Petitioner was not present at the place of occurrence. The name of the petitioner is dragged in this case merely because the motorcycle which has

Patna High Court CR. MISC. No.41617 of 2024(2) dt.15-07-2024 2/2 been seized is registered in the name of the petitioner. Coaccused Mundan Mahi took the motorcycle of the petitioner on the ground of some urgent work and misused it. Further submission is that nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.

5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 328 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T