Patna High CourtCR. MISC./65848/2024disposed

Rahul Kumar v. The State Of Bihar

2024-12-16Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65848 of 2024 Arising Out of PS. Case No.-285 Year-2024 Thana- MANER District- Patna ====================================================== Rahul Kumar son of Hari Nandan Rai Resident of Village -Jivarakhan Tola Beyapur PS- Maner, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoranjan Kumar, Adv.

For the State :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 285 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation, there has been recovery of total 350.46 liters of liquor from the semi-constructed house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He submitted that the house from where the illicit liquor is alleged to have been recovered, does not

Patna High Court CR. MISC. No.65848 of 2024(2) dt.16-12-2024 2/2 belongs to the petitioner rather it belongs to the father of the petitioner and his father has been granted regular bail vide order dated 12.08.2024 passed in Cr. Misc. No. 52909 of 2024. Moreover, the petitioner is a person of clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having considered the facts and circumstances of the case as also the fact the petitioner is a person of clean antecedent, there is no compliance of Section 100 of the Cr.P.C. and the father of the petitioner has been granted regular bail, the petitioner is directed to surrender before the learned Court below and seeks regular bail which shall be disposed of preferably on the same day without being prejudiced by this order.

7. Granting the said liberty, the bail application stands disposed of.

(Nawneet Kumar Pandey, J) Arish/- U T