Patna High CourtCR. MISC./3427/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-01-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3427 of 2024 Arising Out of PS. Case No.-965 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Rahul Kumar S/O Shambhu Prasad Gupta Village- Supaul Ward No. 26, Ps. Supaul Dist. Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the State :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 965 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, 141.3 litres of illicit liquor has been recovered from dickey of the vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is in jail since 20.09.2023. He further submits that the petitioner is ready to donate Rs. 10,000/- (Rupees Ten Thousand Only) in some charitable organization

Patna High Court CR. MISC. No.3427 of 2024(2) dt.31-01-2024 2/2 without accepting his guilt.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 the learned Additional District and Sessions Judge Vth -cum-Special Judge Excise Act 1st, Madhepura in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 965 of 2023

7. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 10,000/- (Rupees Ten Thousand Only) in Ramakrishna Math, Bhatta Bazar, Purnea and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner. (Sandeep Kumar, J) P. Kumar U T