Rakesh Kumar @ Babblu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2641 of 2022 Arising Out of PS. Case No.-375 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== RAKESH KUMAR @ BABBLU KUMAR Son of Govind Sao @ Govind Prasad Resident of Village - Inside Ram Das Path Near Chowraha Tenent in the house of Gandhi Jee, P.S.- Jakkanpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 36 and 41 of the Excise Amendment Act, 2018.

It is a case of recovery of wine from a Scooty bearing Registration no.BR01AX-2026.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner has not been apprehended at the spot and nothing has been recovered from the conscious or constructive possession of the petitioner and he has no concern with the vehicle in question from which the incriminating wine

Patna High Court CR. MISC. No.2641 of 2022(2) dt.22-07-2022 2/2 was recovered. Petitioner has got clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on 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, Patna in connection with Jakkanpur P.S. Case No. 375 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U