Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54890 of 2022 Arising Out of PS. Case No.-244 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Rahul Kumar Son Of Ramjee Singh R/O Village- Dularpur, Naya Nagar, Ward No.04, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Teghra P.S. Case no. 244 of 2021 instituted for the offence under Sections 120(B) of the Indian Penal Code and Section 30(a), 40(1)(2) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of a huge quantity of 1534.58 liters illicit liquor from different vehicles and different places.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. It is further submitted that the vehicles in question from where recovery has

Patna High Court CR. MISC. No.54890 of 2022(2) dt.17-11-2022 2/2 been made, do not belong to the petitioner. The name of the petitioner has been disclosed in this case on confessional statement of the co-accused, namely, Ranjeev Kumar Chaudhary who was arrested on spot. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Teghra P.S. Case no. 244 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Act, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T