Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89008 of 2024 Arising Out of PS. Case No.-254 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Rahul Kumar S/O Jitendra Yadav R/O Village- Majhariya, P.S- Buxar (Industrial Area), Distt.- Buxar.

2.

Om Nath Kumar S/O Vishanu Ram R/O Village- Majhariya, P.S- Buxar (Industrial Area), Distt.- Buxar.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. Learned counsel for the petitioner submits that the petitioner no. 1 seek permission to withdraw the present application.

3. Permission is accorded.

4. Accordingly, the present application of the petitioner no. 1 is dismissed as withdrawn.

5. The petitioner has preferred this application for grant of regular bail in connection with Buxar (Industrial Area) P.S. Case No. 254/2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

6. As per the prosecution case, total 290.52 litres of illicit foreign liquor was recovered from the motorcycle and bush.

Patna High Court CR. MISC. No.89008 of 2024(2) dt.17-02-2025 2/2

7. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the said motorcycle. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.11.2024.

8. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

9. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar, in connection with Buxar ( Industrial Area) P.S. Case No. 254/2024.

10. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T