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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15121 of 2019 Arising Out of PS. Case No.-1033 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== RAKESH KUMAR @ RAKESH SINGH @ LADEN Son of Govind Sah, Resident of Village- Bhabdepur, Thana Road, Ward No.- 21, P.S.- Sitamarhi, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2019 Heard both sides.

The petitioner apprehends his arrest in Sitamarhi P.S. Case No.1033 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The police raided the house of the petitioner and behind the house of the petitioner, 45 liters Nepali liquor is said to have been recovered.

The learned counsel for the petitioner submits that Mukesh Baitha, one of the seizure list witness, is inimical to the petitioner. The recovery was made behind the house of the petitioner but from an open place and the same recovery cannot be said to have been recovered from the possession of the

Patna High Court CR. MISC. No.15121 of 2019(2) dt.12-03-2019 2/2 petitioner.

Taking into consideration the fact that the recovery was made behind the house of the petitioner but from an open place, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail 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 Additional District and Sessions Judge-II-cumSpecial Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No.1033 of 2018(G.R. No.1329 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T