Patna High CourtCR. MISC./77462/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-12-06Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77462 of 2024 Arising Out of PS. Case No.-157 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Rahul Kumar S/O Late Surendra Singh R/O Village- Vishanpur Paltu, P.SVaishali, Distt.- Vaishali, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 157 of 2022, lodged on 06.05.2022 under Sections 30(a), 32(2), 41(1) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

3. As per the prosecution, F.I.R. has been lodged against four named accused persons including the present petitioner. The recovery of total 341.58 litres of illicit wine is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the said illicit wine has not been recovered from the petitioner's house rather the recovery has been made from the house of co-accused, namely, Kundan Kumar which is apparent from the seizure list. Counsel further submits that the

Patna High Court CR. MISC. No.77462 of 2024(2) dt.06-12-2024 2/2 apprehended person has disclosed the petitioner's name and subsequently he has been arrested. Counsel fairly submits that the petitioner has one criminal antecedent in which he is persuading for bail, but the said case is not related to Excise matter. Counsel also submits that the petitioner is in custody since 28.08.2024.

5. Learned Counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in Vaishali P.S. Case No. 128 of 2024, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court- II, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 157 of 2022, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

Aman Kumar/- (Dr. Anshuman, J) U T