Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9726 of 2018 Arising Out of PS.Case No. -508 Year- 2017 Thana -ALAMGANJ District- PATNA ====================================================== Rahul Kumar, Son of Sri Saroj Sao @ Saroj Kumar a Resident of MohallaGur-ki-Mandi, renter of Bishwanath Yaadv, POlice Station-Alamganj, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Special Case No. 9618 of 2017 arising out of Alamganj P.S. Case No. 508 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Excise Act. The allegation is regarding recovery of 14 bottles of illicit liquor measuring 750 ml. each from the house of the co-accused person, namely, Saroj Sao and upon interrogation, he disclosed that his son i.e. the petitioner herein was engaged in the business of sale and purchase of liquor.

The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the

Patna High Court Cr.Misc. No.9726 of 2018 (3) dt.28-02-2018 2/2 petitioner. The petitioner is said to be having a clean antecedent. Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cum-Special Judge, Excise Act, Patna in connection with Special Case No. 9618 of 2017 arising out of Alamganj P.S. Case No. 508 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T