Rahul Prasad Keshari @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53535 of 2022 Arising Out of PS. Case No.-73 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== Rahul Prasad Keshari @ Rahul Kumar S/o Dilip Prasad Keshari @ Dilip Sao Resident of Village and Post- Chordaha, Police Station- Chauparan, DistrictHazaribagh. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No2 For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

5.160 litres of illicit liquor has been recovered from the conscious possession of co-accused, Sonu Kumar, who disclosed that the said illicit liquor was purchased from the shop of the petitioner situated in Jharkhand.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got one criminal antecedent of similar nature as stated in paragraph-3 of the bail application. It is also submitted that there is no recovery

Patna High Court CR. MISC. No.53535 of 2022(2) dt.11-11-2022 2/3 from the conscious possession of the petitioner. Petitioner is agree to deposit a sum of Rs. 30,000/- (rupees thirty thousand) in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Gaya in connection with Barachatti P.S. Case No.73 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned court below on showing receipt of deposit of the

Patna High Court CR. MISC. No.53535 of 2022(2) dt.11-11-2022 3/3 aforesaid amount in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) Sanjay/- U T