Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38328 of 2017 Arising Out of PS.Case No. -356 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Rahul Kumar, Son of Jawahar Ram, Resident of Village- Gaurabgarh, Ward No.4, P.S.+District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 24.06.2017 in connection with Sessions Trial No. 616 of 2017, arising out of Supaul P.S. Case No. 356 of 2017 registered for the offence punishable under Section 30A of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during night patrolling, they intercepted a Scorpio car in which six persons, including the petitioner, were sitting. While three persons managed to flee away, but the petitioner along with two others was apprehended and from the car

Patna High Court Cr.Misc. No.38328 of 2017 (2) dt.18-08-2017 2/2 112.320 litres of foreign liquor was recovered. It has been submitted by the learned counsel for the petitioner that he is innocent, as student of B.A., had gone to Supaul to attend the marriage ceremony and has been falsely implicated. He submits that he bears no criminal history and that nothing has been recovered from his conscious possession and he has been made accused only on the basis of suspicion. 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 Additional Sessions Judge-II, Supaul in connection with Sessions Trial No. 616 of 2017, arising out of Supaul P.S. Case No. 356 of 2017.

(Nilu Agrawal, J.) Arjun/- U T