Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49291 of 2021 Arising Out of PS. Case No.-191 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== RAHUL KUMAR Son of Nanhak Singh @ Nanakh Singh @ Rameshwar Singh Resident of Mohalla - Nooran Ganj, Baulia Road Sasaram, P.O. and P.S.- Sasaram, District - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rameshwar Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2022 Heard.

The petitioner seek regular bail in connection with Sasaram (Darigaon) P.S. Case No. 191 of 2021, registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act5, 2018 and Sections 419 & 440 of the Indian Penal Code. The allegation is regarding recovery of 1500 liters of illicit spirit from the premises of an old plant of Isolex company which is alleged to have been taken on lease by the co-accused person namely Amit Kumar @ Chhotu Sah for running a poultry firm. The petitioner is also stated to have been arrested from the spot. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.49291 of 2021(2) dt.03-03-2022 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 12.03.2021. The learned counsel for the petitioner has further submitted that neither any illicit spirit has been recovered from the conscious possession of the petitioner nor the premises from where the illicit liquor has been recovered, belongs to the petitioner.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that no illicit liquor has been recovered either from the conscious possession of the petitioner or from his premises, apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Court of Chief Judicial Magistrate, Sasaram, Rohtas in connection with

Patna High Court CR. MISC. No.49291 of 2021(2) dt.03-03-2022 3/3 Sasaram (Darigaon) P.S. Case No. 191 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T