Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36066 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== RAHUL KUMAR Son of Ram Ekwal Singh Resident of Village - Narauli Kalyan, P.S.- Mushahari, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pandey For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Mushahari P.S.Case no.68 of 2019 , registered for offences punishable under Sections 30(a), 36, 38 of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is about recovery of 156 and odd ltrs. of liquor from the bamboo clamp and the FIR discloses that the police has come on information that the petitioner has kept liquor in the Bamboo clump . Petitioner is named in the FIR, however, he succeeded in fleeing away. Submission of the learned counsel for the petitioner is that only on some confidential information he has been made accused, nothing is available on the record to show that
Patna High Court CR. MISC. No.36066 of 2019(3) dt.14-08-2019 2/2 anything has been recovered from the house or from the conscious possession. Bamboo clamp is not of the petitioner. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Muzaffarpur in connection with Mushahari P.S.Case No.68 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T