Rahul Singh @ Rahul Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57159 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== RAHUL SINGH @ RAHUL RAI S/O PRABHU SINGH @ PRABHU RAI R/O VILLAGE- SHIVRAJPUR (CHAUPATIYA), PS. TAREYA SUJAN, DIST. KUSHINAGAR (U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh For the Opposite Party/s :
Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 360 liters of country made liquor is said to have been recovered from a Bolero vehicle and the petitioner managed to escape. The apprehended accused named the petitioner as one of his fleeing accomplice. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor.
Patna High Court CR. MISC. No.57159 of 2023(3) dt.14-12-2023 2/3 The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. Petitioner has one criminal antecedent, which is not of similar nature of the offence, as mentioned in para-3 of this application.
4. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Mahavir Cancer Sansthan, bearing Account No.3332964762, Central Bank of India, Chitkohra Branch, IFSC Code :CBIN0282779 (fifth character is zero), MICR Code : 800016018.
5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Court below where the case is pending/successor Court in connection with Kuchaikote P.S. Case No. 340 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
Patna High Court CR. MISC. No.57159 of 2023(3) dt.14-12-2023 3/3 (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
6. 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 account of Mahavir Cancer Sansthan. (Anjani Kumar Sharan, J) Trivedi/- U T