Rahul Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55385 of 2019 Arising Out of PS. Case No.-398 Year-2019 Thana- KATIHAR District- Katihar ====================================================== RAHUL PRASAD, aged about 22 years (Gender-M), Son of Naresh Prasad, Resident of Mohallah-Mofarganj Ward No.36, P.S.-Nagar, District-Katihar. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bimal Kumar, Advocate.

For the Opposite Party :

Mrs.Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.06.2019 in a case for the offence registered under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 24.320 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 24.320 liters wine is recovered from Fridge and outside of the house of the petitioner. The petitioner was

Patna High Court CR. MISC. No.55385 of 2019(2) dt.03-09-2019 2/2 also found in drunken condition. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IIcum-Special Judge, Excise Act, Katihar, in connection with Katihar Nagar P.S. Case No. 398 of 2019.

(Sudhir Singh, J) U.K./- U T