Rahul Kumar @ Rahul Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55105 of 2022 Arising Out of PS. Case No.-360 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== Rahul Kumar @ Rahul Kumar Choudhary, S/o Arbind Choudhary Resident of Village- Govindpur, P.S.- Bahadurpur District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Ms. Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 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 Bahadurpur P.S. Case No. 360 of 2022, lodged under Sections 37 of Bihar Prohibition and Excise Act, 2016. As per the prosecution case, it was alleged that when petitioner was tested with breath analyzer he was found having consumed 275mg/100ml liquor.

Learned counsel for the petitioner submits that petitioner had been arrested and from breath analyzer it was found that he has consumed wine, with this allegation he was apprehended from the place of occurrence. Learned counsel

Patna High Court CR. MISC. No.55105 of 2022(2) dt.02-12-2022 2/2 further submits that it is the second time petitioner has consumed wine and apprehended from the place of occurrence. He further submits that he is in custody since 29.07.2022. 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 Special Judge-1st at Darbhanga in connection with Bahadurpur P.S. Case No. 360 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.) ritik/- U T