← Library
Patna High CourtCR. MISC./83121/2024allowed

Rahul Kumar @ Shekhar @ Karu v. The State Of Bihar

2024-12-11Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83121 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- SINDHUGAR District- Gaya ====================================================== Rahul Kumar @ Shekhar @ Karu S/o- Ramanuj Sharma @ Ramanuj Singh Village Beladih PS- Belaganj District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sindhugarh P.S. Case No. 10 of 2024 instituted for the offence under Sections 468, 471 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act 2018.

3. Allegation against the petitioner along with other co-accused persons is that altogether 70.92 liters of foreign liquor was recovered from a four wheeler. One Deepak Kumar Chaudhary was apprehended. He disclosed the name of this petitioner.

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

Patna High Court CR. MISC. No.83121 of 2024(2) dt.11-12-2024 2/2 case. It is also submitted that nothing has been recovered from conscious possession of the petitioner. The alleged recovery was made from the pick up van and the petitioner has no concern with the alleged vehicle.

5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail with a condition that he will not indulge in similar nature of cases in future. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sindhugarh P.S. Case No. 10 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-V, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T