Patna High CourtCR. MISC./61510/2019bail granted

Rahul Singh @ Rahul Kumar Singh v. The State Of Bihar

2019-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61510 of 2019 Arising Out of PS. Case No.-321 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Rahul Singh @ Rahul Kumar Singh, Son of Nand Kishore Singh, Resident of Village - Shambhupatti, P.S.- Muffasil, Distt - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Kumari Vandana, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 This is an application for grant of anticipatory bail in connection with Excise Case No. 321 of 2018, disclosing offence under Section 30(a) of the Bihar Prohibition Act, 2016. As per prosecution case there is recovery of 750 ml of liquor from the restaurant. Petitioner is said to be the owner of the restaurant and one accused has been arrested. Submission of the learned counsel for the petitioner is that the restaurant is the public place and there is nothing available on the record that petitioner was present there, rather restaurant is run by his staff and one person has been arrested. He is not staff of the petitioner and he may be a customer and for that, petitioner cannot be made liable. Furthermore, there is no compliance of Section 100 of Cr.P.C.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.61510 of 2019(2) dt.26-09-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge-III-cum- Special Judge, Excise, Samastipur, in connection with Excise Case No. 321 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T