Rakesh Kumar Yadav @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10058 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Rakesh Kumar Yadav @ Rakesh Kumar S/o Ramprakash Yadav RESIDENT OF VILLAGE - DAHIPURA, POLICE STATION - KEOTI, DISTRICT - DARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 287.760 liters of liquor from a Bolero vehicle.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and petitioner is not the owner or the driver of the vehicle but came to be implicated by the villager, but then the name of the villager who disclosed
Patna High Court CR. MISC. No.10058 of 2024(2) dt.28-02-2024 2/2 the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution. It is further submitted that it appears that police, in order to save the real culprits, falsely got the petitioner implicated through villager.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kewati P.S. Case No. 274 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T