Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 50032 of 2022 Arising Out of PS. Case No.-311 Year-2022 Thana- RUPASPUR District- Patna ====================================================== Rahul Kumar S/o Lal Bihari Prasad Resident of Maharajganj, P.S.- Naubatpur, Distt.- Patna, A/p Gandhi Nagar, P.S.- Rajeev Nagar, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amaresh Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.
The petitioner seeks regular bail in connection with Rupaspur P.S. Case No. 311 of 2022 lodged under Section 30(a) of the Bihar Prohbition and Excise Act, 2018. As per the prosecution case, total recovery of 160 liter of mahua wine has been made from one C.N.G. tempo, which is subject matter of the present case.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 03.06.2022 having
Patna High Court CR. MISC. No. 50032 of 2022(3) dt.06-12-2022 2/2 clean antecedent. Learned counsel for the petitioner submits that petitioner is the driver of the said C.N.G. tempo and he is completely unaware as how the said material has been kept in the backside of the tempo and it may have been kept by some passenger and upon seeing the police he fled away. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Excise Judge, Danapur, Patna in connection with Rupaspur P.S. Case No. 311 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ashishsingh/- U T