Patna High CourtCR. MISC./70707/2019bail granted

Rahul Kumar v. The State Of Bihar

2019-12-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70707 of 2019 Arising Out of PS. Case No.-268 Year-2019 Thana- SULTANGANJ District- Patna ====================================================== RAHUL KUMAR Son of Gopal Prasad @ Gopal Kumar Resident of VillageRanighat, P.S.- Sultanganj and District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Sultanganj Police Station Case No. 268 of 2019, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, as per the First Information Report, is that the Police, on secret information that the petitioner was indulged in the sale of illicit liquor, proceeded towards the place of occurrence and recovered 10.4 litres of illicit liquor kept in a bag.

Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated by the police in the present case with oblique motive.

Patna High Court CR. MISC. No.70707 of 2019(2) dt.04-12-2019 2/2 He further submits the petitioner is in judicial custody since 20.09.2019 and there is no possibility of the petitioner being tampering with the evidence or absconding.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is in judicial custody since 20.09.2019 having no criminal antecedent, I am inclined to enlarge the petitioner on bail.

This application is, accordingly, allowed.

Let the petitioner, above named, be released 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 Special Judge, Excise, Patna, in connection with Sultanganj Police Station Case No. 268 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √