Patna High CourtCR. MISC./53913/2024bail granted

Rahul Kumar @ Rahul Mehta v. The State Of Bihar

2024-07-29Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53913 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- CHAUSA District- Madhepura ====================================================== Rahul Kumar @ Rahul Mehta son of Basudev Mehta Village- Fulaut West PsChausa Fulout OP Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chausa (Fulaut O.P.) P.S. Case No. 71 of 2024 dated 26.03.2024 registered for the offences punishable u/s 25(1-b)a, 26 of the Arms Act, and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 10 litres of illicit country made liquor and one loaded country made pistol were recovered from possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.53913 of 2024(2) dt.29-07-2024 2/2 recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Chausa (Fulaut O.P.) P.S. Case No. 71 of 2024, with further condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T