Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73852 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Rahul Kumar, aged about 25 years, Gender Male, Son of Shailendra Kumar @ Shailendra Singh, Resident of Village: - Mafi, Ward No. 04, P.S.:- Warisaliganj, District: - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Akbarpur P.S. Case No. 168 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The prosecution story in brief is that the Police recovered a total quantity of 4077 liters of illicit liquor from a DCM truck. The name of the petitioner has transpired in this case on the basis of suspicion.

Mr. Hansraj, learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with malicious intention at the behest of Mukhiya. Learned

Patna High Court CR. MISC. No.73852 of 2019(2) dt.11-12-2019 2/2 counsel further submits that the truck in question from where the illicit liquor has been recovered does not belong to the petitioner and no illicit liquor has been recovered from the conscious possession or the vehicle belonging to the petitioner. Learned counsel further submits that petitioner is in custody since 31.08.2019.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioner is not the owner of the truck in question, no illicit liquor has been recovered from his conscious possession or the vehicle belonging to the petitioner and he is in custody since 31.08.2019, I am inclined to enlarge the petitioner on regular bail.

Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd-cum-Special Judge, Nawada in connection with Akbarpur P.S. Case No. 168 of 2018. (Anil Kumar Sinha, J) praful/- U T