Rakesh Kumar @ Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16870 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== RAKESH KUMAR @ RAKESH YADAV Son of Hare Ram Yadav R/o Village - Sarsar, P.S.- Siwan (Mufassil), District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

Allegation is of recovery of 5 litres of liquor from the Dalan of Mahajan Yadav.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession and his name transpired in the confessional statement of Mahajan Yadav

Patna High Court CR. MISC. No.16870 of 2022(2) dt.29-07-2022 2/2 which has no evidentiary value in the eye of law. It is next submitted that petitioner came to be implicated by the police through Mahajan Yadav because of his antecedent. 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 and the nature of recovery of liquor, 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.2,000/- (Rupees Two 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 Siwan (Mufassil) P.S. Case No. 77 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T