Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34708 of 2017 Arising Out of PS.Case No. -368 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Rakesh Kumar son of Naresh Prasad @ Naresh Prasad Gupta resident of village Saida Bazar Hilsa, P.S. Hilsa, District Nalanda. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks bail in connection with Hilsa P.S. Case No. 368 of 2017 registered for the offence punishable under Sections 30(A) and 47 of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on a secret tip-off, house of the petitioner was raided and 3.275 litres of foreign liquor was recovered. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history at present
Patna High Court Cr.Misc. No.34708 of 2017 (2) dt.01-08-2017 2/2 as in two earlier cases, he has been acquitted, which were of different nature and that nothing has been recovered from his possession.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum- Special Judge, Excise, Nalanda at Biharsharif in connection with Hilsa P.S. Case No. 368 of 2017.
(Nilu Agrawal, J.) Arjun/- U T