Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73152 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Rahul Kumar S/O Hareram Yadav R/V- Gyantol, P.S.- Sahebpurkamal, District- Begusarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under section 414 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 505.8 litres of Indian made foreign liquor from a tractor. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the Tractor in question. The
Patna High Court CR. MISC. No.73152 of 2022(2) dt.25-02-2023 2/3 name of the petitioner has been disclosed in this case by co-villagers, as person who fled away from the place of seizure. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 29.09.2022. Similarly situated co-accused person has been granted Bail vide order dated 08.08.2022, passed in Cr. Misc. No. 31193 of 2022 by the co-ordinate Bench of this Court.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court 2, Begusarai in connection with
Patna High Court CR. MISC. No.73152 of 2022(2) dt.25-02-2023 3/3 S.Kamal P.S. Case No. 18 of 2022.
(Sunil Kumar Panwar, J) nirajkrs/- U T