Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56311 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- GARHI District- Jamui ====================================================== Rahul Kumar S/O Lilo Yadav R/O Village- Ketaribank, P.S- Garhi, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate Mr. Shashank Shekhar Dubey, Advocate Mr. Vimal Kumar, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Garhi PS Case No. 36 of 2024 instituted for the offences under Sections 272, 273, 420, 414, 467, 468/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 50 litres of country made liquor was recovered from motorcycle. 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.56311 of 2024(2) dt.09-08-2024 2/2 with the alleged recovery of liquor. The petitioner has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. Other co-accused has been granted regular bail by this Court vide order dated 20-06-2024, passed in Cr. Misc. No. 42637 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garhi PS Case No. 36 of 2024 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Raj Kishore/- U T