Rakesh Singh @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20526 of 2021 Arising Out of PS. Case No.-267 Year-2019 Thana- OBRA District- Aurangabad ====================================================== RAKESH SINGH @ RAKESH KUMAR, S/O BIJAY SINGH, R/o villageBel Tola Imamganj, P.S.- Obra, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Krishna Pd. Singh, Sr. Advocate Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 420 litres of liquor was recovered from the Santro car but the three accused persons managed to escape.

It is submitted by learned senior counsel appearing for the petitioner that the FIR was registered against unknown. In course of investigation the registered owner of the car in question was arrested and in his confessional statement made before the police, the name of the petitioner transpired. No

Patna High Court CR. MISC. No.20526 of 2021(2) dt.04-09-2021 2/2 incriminating article was recovered from the possession of the petitioner who is in custody since 12.11.2020 and investigation in the case has concluded. The cause of false implication of the petitioner is an antecedent under the Bihar Prohibition and Excise Act, 2016.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having remained in custody for over 9 months, the petitioner is directed to be enlarged on bail in connection with Obra P.S. Case no. 267 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II - cum - Special Judge, Excise, Aurangabad.

(Partha Sarthy, J) Spd/- U T