Patna High CourtCR. MISC./65126/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-09-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65126 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- BARHARA KOTHI District- Purnia ====================================================== Rahul Kumar Son of Subodh Yadav R/o Vill- Bela Rikabganj, P.S.- K. Nagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act in connection with Barhara Kothi P.S. Case No.178 of 2024.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 378.42 liters of liquor from a motorcycle.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Pankaj in police custody which does not have any evidentiary value and is not the owner of the seized motorcycle and is in custody since 09.08.2024.

Patna High Court CR. MISC. No.65126 of 2024(2) dt.20-09-2024 2/2

5. The learned APP for the State opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000 /- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise-02), Purnea in connection with Barhara Kothi P.S. Case No.178 of 2024/

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T