Rakesh Kumar Singh @ Rakesh Singh @ Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2075 of 2020 Arising Out of PS. Case No.-364 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== Rakesh Kumar Singh @ Rakesh Singh @ Bhim Singh, Son of Mukur Singh Resident of Village - Nayaka Badka Baiju Tola, P.S.- Revilganj, Distt - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Rivilganj P.S. Case No.364 of 2019, registered for the offence punishable under Sections 419, 420/34 of the Indian Penal Code and Section 30, 38, 41 of Bihar Prohibition and Excise Act. The allegation against the petitioner as per First Information Report is that the police on the basis of secret information received from the local people proceeded towards the place of occurrence near the bricklin of Saheb Singh in the mango orchard of Munna Khan and upon seeing the police party miscreants started to flee away and on chase being made, police party apprehended one accused person and also recovered two motorcycles along with ten litres of illicit liquor. The police also recovered a cash of Rs.1,000/- from the pocket of the

Patna High Court CR. MISC. No.2075 of 2020(2) dt.02-03-2020 2/3 arrested co-accused and it has been alleged that accused persons after consuming liquor were playing cards in the mango orchard.

Mr. Awadhesh Kumar Singh, learned counsel for the petitioner submits that petitioner has got no criminal antecedent and has falsely been implicated in this case on the basis of confessional statement made by arrested co-accused. Learned counsel further submits that the motorcycles from which the illicit liquor has been recovered does not belong to the petitioner. Learned counsel further submits that no illicit liquor has been recovered from his conscious possession or the vehicle belonging to him.

Having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession or the vehicle belonging to the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten

Patna High Court CR. MISC. No.2075 of 2020(2) dt.02-03-2020 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Saran, in connection with in connection with Rivilganj P.S. Case No.364 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T