Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70892 of 2022 Arising Out of PS. Case No.-354 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Rahul Kumar Son Of Bhikhar Rai Resident Of Village - Karnaiji (Wrongly Mentioned As Pojhiyan In Fir) O.P.- Bailser, P.S. And District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Arun Kumar 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 is languishing in custody in a case registered for the offences punishable under Sections 272, 273, 413, 414 of the Indian Penal Code and Sections 30(a), 41(1) of the Bihar Prohibition & Excise Act.

There is recovery of 492.39 litres of illicit Indian made Foreign liquor from the truck, alto car and motorcycle. Three persons were apprehended who

Patna High Court CR. MISC. No.70892 of 2022(2) dt.25-02-2023 2/3 disclosed the name of the petitioner as one of his associates.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized vehicles or the arrested accused persons or the recovered country made liquor. The petitioner is languishing in custody since 11.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. 2, Vaishali at Hajipur in connection with Vaishali P.S. Case

Patna High Court CR. MISC. No.70892 of 2022(2) dt.25-02-2023 3/3 No. 354 of 2021.

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