Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75213 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- TARAIYA District- Saran ====================================================== Rahul Kumar Son Of Tej Narayan Singh @ Tuntun Prasad Resident Of Village-Shahnawazpur, P.S Taraiya, Distt- Saran At Chapra ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 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 sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 35 litres of spirit from adjacent side of house of the petitioner. 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 place of occurrence. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no independent

Patna High Court CR. MISC. No.75213 of 2023(2) dt.29-11-2023 2/2 witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 05.08.2023. 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 Additional District and Sessions Judge-cumPresiding Officer, Exclusive Special Excise Court No. III, Saran, Chapra in connection with Taraiya P.S. Case No. 249 of 2023.

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