Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67110 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== Rahul Kumar S/O Birendra Yadav @ Birendra Singh @ Virendra Singh R/O Village- Dubhuki, P.S- Krishnabrahm, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Koran Sarai P.S. Case no. 118 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Prosecution case relates to recovery of 7.380 litres of IMFL from motorcycle bearing registration No. BR-44N-9186.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.67110 of 2022(2) dt.09-12-2022 2/3 has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery. The name of the petitioner has been sprang up in this case because he is the owner of the said motorcycle. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that meagre quantity of liquor has been recovered, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Koran Sarai P.S. Case no. 118 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive

Patna High Court CR. MISC. No.67110 of 2022(2) dt.09-12-2022 3/3 Special Judge, Excise-1st, Buxar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T