← Library
Patna High CourtCR. MISC./88987/2024allowed

Rahul Kumar v. The State Of Bihar

2025-01-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88987 of 2024 Arising Out of PS. Case No.-839 Year-2024 Thana- DIGHA District- Patna ====================================================== Rahul Kumar S/o- Anirudha Rai Resident of Ramjee Chak, Scholl Gali, P.SDigha, Disrtrict-Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Seema Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Digha P.S. Case No. 839 of 2024, instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 15.660 litres of illicit foreign liquor from the back side of the house of co-accused Vishal Kumar @ Sadhu.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has neither fled away from the place of occurrence nor he is concerned with the alleged seized liquor. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

Patna High Court CR. MISC. No.88987 of 2024(2) dt.08-01-2025 2/2

5. Learned A.P.P. for the State opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, 2nd, Patna, where the case is pending in connection with Digha P.S. Case No. 839 of 2024, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Siwani/- U T