Patna High CourtCR. MISC./71196/2021allowed

Rahul Kumar v. The State Of Bihar

2022-05-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71196 of 2021 Arising Out of PS. Case No.-292 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== RAHUL KUMAR SON OF VIJAYNATH RAI RESIDENT OF- MADURI CHOWK, WARD NO.29, BAHADURPUR, P.S. MUFFASIL, DISTRICT SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Satyendra Kumar Srivastava For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-05-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Special Case No. 475 of 2021 registered for the offence punishable under sections 272, 273 of the Indian Penal Code and sections 30(a), 32, 42 and 47 of the Bihar Prohibition and Excise Act, 2018.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case merely because he is owner of the vehicle in question. Nothing has been recovered from the conscious possession of this petitioner.

The accused persons who were apprehended on the spot have not stated anything alleging

Patna High Court CR. MISC. No.71196 of 2021(2) dt.06-05-2022 2/2 against this petitioner. There is no statement of the driver. Petitioner has no concern with the seized illicit liquor. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing of his personal bond to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise, Kishanganj in connection with Special Case No. 475 of 2021 arising out of Kochadhaman P.S. Case No. 292 of 2021 subject to the conditions laid down under section 438(2) Cr.P.C.

mcv/- (Arvind Srivastava, J) U T