Patna High CourtCR. MISC./84976/2023allowed

Rahul Kumar v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84976 of 2023 Arising Out of PS. Case No.-389 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Rahul Kumar Son Of Lalu Yadav @ Late Lalu Yadav @ Lalan Yadav @ Lalan Kumar Yadav Resident Of Village- Pokharsama, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 379 liters of illicit liquor from orchard and the petitioner is said to have been indulged in trade of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case rather his name has been disclosed by local villagers. Petitioner has no concern with the alleged recovery of

Patna High Court CR. MISC. No.84976 of 2023(2) dt.09-01-2024 2/2 illicit liquor or with the place of occurrence. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 3.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bahadurpur P.S. Case No. 389 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-I, Darbhanga.

(Sunil Kumar Panwar, J) Amandeep/- U T