Patna High CourtCR. MISC./71427/2022allowed

Rahul Kumar v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71427 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== Rahul Kumar Son Of Newal Ray @ Vikki Kumar Yadav R/V- Didarganj, P.SDidarganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a)/36 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 150 liters illicit country made liquor at Ganga Ghat in front of Shahu Petrol pump as per the seizure list.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of mere suspicion. It is further submitted that the petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Local villagers disclosed

Patna High Court CR. MISC. No.71427 of 2022(2) dt.06-01-2023 2/2 the name of the petitioner in the present case. He has never involved in the business of carrying illicit liquor and nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 29.10.2022.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Didarganj P.S. Case No. 90 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City.

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