Rahul Kumar @ Chhotu Singh @ Maynak Kumar @ Rahul Kumar @ Maynak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47548 of 2021 Arising Out of PS. Case No.-88 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAHUL KUMAR @ CHHOTU SINGH @ MAYNAK KUMAR @ RAHUL KUMAR @ MAYNAK KUMAR Son of Chandra Bhushan Singh Resident of Village - Eaghu Ward No.- 4, P.S.- Mufassil, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sada Nand Roy For the Opposite Party/s :
Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mufassil P.S. Case no. 88 of 2021 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 84.750 litres of IMFL from the house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The alleged recovery has been made from the joint house of the petitioner and full brother of the petitioner, namely,
Patna High Court CR. MISC. No.47548 of 2021(2) dt.04-03-2022 2/2 Shyam Sundar Singh was apprehended on spot, who has already been granted regular bail. Neither the petitioner was apprehended nor any incriminating article has been recovered from his possession.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Mufassil P.S. Case no. 88 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U