Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66961 of 2019 Arising Out of PS. Case No.-265 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== RAHUL KUMAR Son of Shiv Kumar Singh Resident of Village - Pachpokhari, P.S.- Kudra , Dist.- Kaimur at Bhabua. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Rajani Kant Pandey, Advocate.

For the State :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kudra P.S. Case No.265 of 2019 registered under Section 30(A) of the Bihar Prohibition and Excise Amendment Act, 2016. The accusation is that on receiving the secret information about selling the liquor by Rahul Kumar (petitioner) and Shiv Kumar Singh in village-Pachpokhari and keeping the same in their house, the informant along with other police personnel reached there and saw some persons present in front of the house of Shiv Kumar Singh. On seeing the police party, two persons started to flee away but, on chase, one person succeeded to flee away, while one was apprehended, who disclosed his name as Shiv Kumar Singh and he also disclosed the name of the person, who succeeded to flee away as

Patna High Court CR. MISC. No.66961 of 2019(2) dt.31-01-2020 2/2 Rahul Kumar (petitioner). On search of the semi-constructed house, belonging to Ambika Singh, 56 pouches, each containing 180 ml., and 37 bottles, each containing 180 ml., of Indian Made Foreign Liquor, were recovered.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot. The petitioner being the son of the apprehended accused Shiv Kumar Singh has falsely been implicated in this case. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-IV-cum-Special Judge (Excise Act), Kaimur at Bhabua, in connection with Kudra P.S. Case No.265 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T