Rahul Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39623 of 2020 Arising Out of PS. Case No.-216 Year-2020 Thana- ROSERA District- Samastipur ====================================================== RAHUL KUMAR SINGH Son of Surendra Prasad Singh Resident of VillageAraut, P.S.- Rosera, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr. Ram Priya Sharan Silngh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-06-2021 Heard Mr. Ranjeet Kumar Singh, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Rosera P.S. Case No. 216/2020 (G.R. No. 542/2020) instituted for the offence under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment ) Act, 2018.
Eleven persons have been made accused in this case including the petitioner but no recovery has been made from his personal or constructive possession. From
Patna High Court CR. MISC. No.39623 of 2020(2) dt.02-06-2021 2/3 the houses of others, many bottles of liquor is said to have been recovered but nothing has been recovered from the house of the petitioner.
The petitioner has clean antecedents and he has wrongly been named as one of the persons dealing in sale and purchase of liquor by local villagers who have definite axe to grind against him.
Learned counsel for the petitioner, therefore, submits that no case under any one of the provisions of Excise Act can be said to have been made out against him. Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of receipt/ production of a copy of this order, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of like amount to the satisfaction of learned Additional Sessions Judge-II- cum-Special Judge (Excise Act), Samastipur in connection with Rosera P.S. Case No. 216/2020 (G.R. No. 542/2020), subject to the condition
Patna High Court CR. MISC. No.39623 of 2020(2) dt.02-06-2021 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T