Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15979 of 2025 Arising Out of PS. Case No.-206 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Rakesh Kumar S/o Sachidanand Singh R/o Bikash Nagar, main Road, PSBihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainandra Kumar, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with M.U.P.S. P.S. Case No.206 of 2023, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, the total recovery of 96 litres of beer have been alleged to be made from a car, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and nothing has been recovered from his conscious possession. Counsel further submits that criminal antecedent of the

Patna High Court CR. MISC. No.15979 of 2025(2) dt.02-04-2025 2/2 petitioner is clean. He further submits that the recovery has been made from a car, but the said car was already sold to authorised dealer of Hundai, which is vide Annexure-P/2 of the bail petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Excise Court No.1, Gaya in connection with M.U.P.S. P.S. Case No.206 of 2023, subject to the following conditions as laid down under Section 438(2) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T