Patna High CourtCR. MISC./75860/2024bail granted

Rahul Kumar Singh @ Rahul Singh v. The State Of Bihar

2025-01-10Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75860 of 2024 Arising Out of PS. Case No.-237 Year-2020 Thana- DIGHA District- Patna ====================================================== Rahul Kumar Singh @ Rahul Singh Son of Sushil Kumar Singh R/O Vill.- Ramjeechak, Digha, P.S.- Digha, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2025 Heard Mr. Ajit Kumar Singh, learned Advocate for the petitioner and Mr. Pradeep Narain Kumar, the learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in connection with Digha P.S. Case No. 237 of 2020 dated 07.04.2020 instituted for the offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2018 of the Indian Penal Code.

3. The petitioner has not been named in the FIR.

4. It appears that from a Scooty, 15 litres of

Patna High Court CR. MISC. No.75860 of 2024(2) dt.10-01-2025 2/3 Indian made foreign liquor was recovered.

5. During the course of investigation, it came to light that the petitioner had been driving the Scooty on the day and even prior to the said recovery.

6. Learned counsel for the petitioner has submitted that he had no idea of his name having been dragged in this case. He is a person of clean antecedent.

7. Apart from this, some of the other coaccused of this case have been granted anticipatory bail by the Co-ordinate Benches of this Court; copies of which orders have been annexed with this petition.

8. Considering the afore-noted facts, it appears that the offence under the Excise Act is not made out.

9. Considering this aspect of the matter, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the

Patna High Court CR. MISC. No.75860 of 2024(2) dt.10-01-2025 3/3 sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-II, Patna, in connection with Digha P.S. Case No. 237 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) manoj/sunilU T