Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54476 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== RAHUL KUMAR S/o Ramjee Singh Resident of 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 ANJANI KUMAR SHARAN ORAL ORDER 18-11-2022 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 120(B) of the Indian Penal Code as well as under Sections 30(a)/40(1)(2) of the Bihar Prohibition and Excise Act.

840.96 litres of foreign liquor has been recovered from truck and Alto Car.

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 paragraph3 of the bail application. It is further submitted that co-accused, Amardeep Rai @ Amardeep Kumar has already been granted

Patna High Court CR. MISC. No.54476 of 2022(2) dt.18-11-2022 2/3 anticipatory bail by this Court vide order dated 02.09.2022, passed in Cr. Misc. No.28934 of 2022. It is also submitted that there is no recovery from the conscious possession of the petitioner.

Petitioner is agree to deposit a sum of Rs. 40,000/- (rupees fourty 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 Special Judge, Excise Act, Begusarai in connection with Bhagwanpur P.S. Case No.162 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 their own blood relative, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.54476 of 2022(2) dt.18-11-2022 3/3 (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 aforesaid amount in the Patna High Court Legal Services Committee, Patna.

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