Rahul Kumar @ Lukka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79373 of 2023 Arising Out of PS. Case No.-197 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== Rahul Kumar @ Lukka Son Of Late Chunu Ram Resident Of VillageEkangarsarai, Ps- Ekangarsarai, Dist- Nalanda ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Sharma For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 2.625 litres of IMFL was recovered from Uttam Marriage Hall.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article
Patna High Court CR. MISC. No.79373 of 2023(2) dt.11-12-2023 2/2 has been recovered from his conscious possession. He is languishing in judicial custody since 28.09.2023. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of case that meagre quantity of liquor has been recovered, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Vth Additional District Judge-cum-Special Judge Excise Court No. 1, Biharsharif (Nalanda) in connection with Ekangarsarai P.S. Case No. 197 of 2023.
(Sunil Kumar Panwar, J) Nirajkrs/- U T