Rahul Singh @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71960 of 2022 Arising Out of PS. Case No.-341 Year-2021 Thana- MANJHI District- Saran ====================================================== Rahul Singh @ Rahul Kumar Son Of Bhag Singh Resident Of Moh/Town/ Village- Mchhali Kala, P.S- Kharar, Dist- Mohali (Panjab) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30, 30(a), 38, 41 of the Bihar Prohibition & Excise Act.

It is a case of recovery of 4389.375 litres of I.M.F.L. from a truck bearing registration No. PB-11AX9907. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.71960 of 2022(3) dt.07-02-2023 2/3 falsely been implicated in the present case. The petitioner is son of the owner of the said truck and he has no concern with the seized liquor. He has not been apprehended from spot and his name sprang up in this case on the confessional statement of co-accused-cumdriver of the said truck, namely, Gulab Singh. It is also submitted that petitioner was arrested on 4th of November, 2022 while the alleged occurrence has taken place on 26th of September, 2021. Moreover, petitioner is languishing in judicial custody since 4.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration 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 in connection

Patna High Court CR. MISC. No.71960 of 2022(3) dt.07-02-2023 3/3 with Manjhi P.S. Case No. 341 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. II-cum-Special Excise Judge, Saran, Chapra.

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