Rahul Kumar @ Bholu Kumar v. The State of Bihar
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Amendment Act, 2016 ss. 30(a), 32(3), 56(2)(ii)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr. Vibhuti Ranjan Sonvadra, Advocate Mr. Madan Kumar, APP ORAL ORDER 2 11-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Excise (Nawada) P.S. Case No. 790 of 2023 registered for the offences punishable under Sections 30(a), 32(3) and 56(2)(ii) of the Bihar Prohibition and Excise Amendment Act, 2016.
As per prosecution case, there was alleged recovery of 192 liters beer alongwith two motorcycles from the house of the petitioner. Petitioner was apprehended on the spot alongwith other
Learned counsel for the petitioner submits that petitioner is in custody since 09.10.2023. Petitioner bears no criminal antecedent. Nothing has been recovered from conscious possession of the petitioner. Petitioner is innocent and Patna High Court CR. MISC. No.83361 of 2023(2) dt.11-01-2024 has committed no offence as alleged in the F.I.R. He further submits that the alleged recovery was made from the joint house of the petitioner. He further submits that the said motorcycles do not belong to the petitioner and he has not concerned with the seized liquor.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada in connection with Nawada P.S. Case No. 790 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive Patna High Court CR. MISC. No.83361 of 2023(2) dt.11-01-2024 dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Alok Kumar Pandey, J) shweta/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.