Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2328 of 2021 Arising Out of PS. Case No.-118 Year-2020 Thana- KOCHAS District- Rohtas ====================================================== RAHUL KUMAR S/o Thakur Prasad Resident of Mohalla - Kochas Ward No. 12, P.S. - Kochas, District - Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinay Raj, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Kochas P.S. Case No.118 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Excise and Prohibition Act. 360 liters of foreign liquor is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.2328 of 2021(2) dt.10-03-2021 2/3 physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or the vehicle from which the liquor was recovered. He has been falsely implicated in this case by the police due to some altercation between them on his refusal to cough up the demand of graft made by them. Petitioner has no criminal antecedent as has been mentioned in para-3 of the present petition and has been languishing in custody since 11.07.2020.

Petitioner is agreed to deposit a sum of Rs. 15,000.00 (Rupees Fifteen Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum- Special Judge, Excise, Rohtas, Sasaram, in connection with Kochas P.S. Case No. 118 of 2020.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of

Patna High Court CR. MISC. No.2328 of 2021(2) dt.10-03-2021 3/3 Rs.15,000.00 (Rupees Fifteen Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T