Rahul Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71677 of 2019 Arising Out of PS. Case No.-302 Year-2019 Thana- ROSERA District- Samastipur ====================================================== RAHUL KUMAR SAH Son of Ram Babu Sah Resident of Village - Baidhnathpur, P.S.- Rosera, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, who is in custody since 23.09.2019 and has clean antecedent, seeks bail in connection with Rosera P.S. Case No. 302 of 2019 dated 23.09.2019 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

15 litres of liquor is said to have been recovered from a so called bathroom but situated outside the house of the petitioner.

It has been submitted that the recovery which has been shown from the constructive possession of the petitioner is because of the machination of the local

Patna High Court CR. MISC. No.71677 of 2019(2) dt.04-12-2019 2/2 villagers who have definite axe to grind against the petitioner.

Regard being had to the nature of accusation against the petitioner and the period of custody, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. IInd cum Special Judge, Excise, Samastipur in connection with Rosera P.S. Case No. 302 of 2019.

(Ashutosh Kumar, J) krishna/- U T