Patna High CourtCR. MISC./46364/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-07-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46364 of 2024 Arising Out of PS. Case No.-258 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Rahul Kumar S/o Pramod Kumar @ Rajeshwar Chaudhary R/o VillageChakchan, P.S.-Sarasat, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Excise Masaurhi P.S. Case No. 258 of 2024.

3. As per the prosecution case, total 120 liters of illicit liquor has been recovered from a motorcycle.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovered liquor and vehicle. Nothing incriminating article has been recovered from his conscious possession. Both

Patna High Court CR. MISC. No.46364 of 2024(2) dt.05-07-2024 2/2 the seizure list witnesses are police personnel which is a complete violation of Section 100 of Cr.P.C. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 03.05.2024.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Considering the facts and circumstances of the case specially the clean antecedent of the petitioner, let the petitioner, above named, be released on bail on furnishing the bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge 2nd , Patna in connection with Excise Masaurhi P.S. Case No. 258 of 2024, subject to the condition that petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.

7. If it is found that the petitioner is involved in any other case, his bail bond shall not be accepted. (Nawneet Kumar Pandey, J) lata/- U T