Rakesh Yadav @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14525 of 2022 Arising Out of PS. Case No.-427 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== RAKESH YADAV @ RAKESH KUMAR Son of Ramsurat Ray Resident of Village- Basuchak, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

Allegation is of recovery of 3826.440 litres of liquor from a truck.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession. He further submits that petitioner is neither the owner nor the driver of the truck. He further submits that

Patna High Court CR. MISC. No.14525 of 2022(2) dt.15-07-2022 2/2 the driver of the truck Mohar Singh was apprehended but he has also not disclosed the name of the petitioner but the police has falsely implicated the petitioner by alleging that his name was disclosed by the local people but the FIR does not even remotely suggest of the local people who were present at the place of occurrence when the alleged seizure was made. He also submits that co-accused Pappu Kumar has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 10.12.2021 passed in Cr. Misc. No. 66639 of 2021.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Saraiya P.S. Case No. 427 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T