Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50977 of 2021 Arising Out of PS. Case No.-288 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== RAHUL KUMAR Son of Shree Prakash Mahto Resident of VillageBhawanipur, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard Mr. Rudal Singh, learned counsel for the petitioner and Mr. Sanjay Kumar, Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Excise Case No. 288/2021 registered for the offence punishable under Sections 30(a)/32(3) of Bihar Prohibition & Excise Act. Total quantity of 401.520 illicit liquor has been recovered from the hutment of the co-accused, Chhotu Kumar and it has been alleged that the petitioner helps the co-accused in his business of illegal trade of liquor.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case without any basis inasmuch as from perusal of the prosecution story, it

Patna High Court CR. MISC. No.50977 of 2021(2) dt.08-04-2022 2/2 would be evident that the illicit liquor has been recovered from the hutment of the co-accused, Chhotu Kumar and no illicit liquor has been recovered from the conscious possession of the petitioner or from his premises.

Learned counsel further submits that petitioner, having no criminal antecedent, is in custody since 10.10.2021. Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner or from his premises and petitioner having no criminal antecedent is in custody since 10.10.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, RAHUL KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Excise Case No. 288/2021, P.R. No. 18/2021. (Anil Kumar Sinha, J) perwez U T