Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84828 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- Jagdishpur District- West Champaran ====================================================== Rahul Kumar S/O Kishun Ram @ Shri Kishun Ram R/O Village- Shyampur, P.S- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jagdishpur P.S. Case No. 92 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered 28.8 liters of illicit liquor from the motorcycle bearing Regd. No. BR28R-2211.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.84828 of 2024(2) dt.11-12-2024 2/3 present case. The petitioner is alleged to be driving the alleged motorcycle but, has no concern with the same as the same does not belong to the petitioner. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that the police forcefully took signature of the petitioner on the plain paper and later on converted the same to seizure list. The petitioner has no concern with the recovered liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 21.09.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,

Patna High Court CR. MISC. No.84828 of 2024(2) dt.11-12-2024 3/3 let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jagdishpur P.S. Case No. 92 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T