Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79115 of 2024 Arising Out of PS. Case No.-359 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Rahul kumar S/o- Umesh yadav Village-Manhara Ps- Madhepura DistMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Singheshwar Police Station Case No. 359 of 2024, disclosing offences under Sections 30(a) of the Excise Prohibition and Amendment Act, 2022.

3. As per the FIR, police intercepted two vehicles and upon seeing the police party, four persons started fleeing away and succeeded in the same. Police arrested two persons who disclosed the name of the petitioner and others who succeeded in fleeing away. 264.120 liters of illicit liquor has been recovered from both the vehicles.

4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and he has been made accused on the basis of disclosure of his name by the

Patna High Court CR. MISC. No.79115 of 2024(2) dt.05-12-2024 2/2 arrested co-accused. Two vehicles from where the illicit liquor has been recovered do not belong to the petitioner as stated in paragraph 10 of the present bail application.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the illicit liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner and petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Vth cum Special Judge Excise I, Madhepura, in connection with Singheshwar Police Station Case No. 359 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T