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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18318 of 2019 Arising Out of PS. Case No.-100 Year-2018 Thana- ASANWA District- Siwan ====================================================== Rakesh Kumar Singh @ Rakesh Singh, Son of Vijay Singh, Resident of Village - Arkpur, P.S.- Asaon, Distt - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Asaon P.S. Case No. 100 of 2018 registered for the offences punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the allegation against the petitioner is that he has indulged in selling of illicit liquor. Learned counsel for the petitioner submits that no illicit liquor has been recovered from the house of this petitioner or from any other place belonging to this petitioner. Learned counsel submits that the recovery has been made from bush near bank of river. It is submitted that the petitioner has no criminal

Patna High Court CR. MISC. No.18318 of 2019(2) dt.04-04-2019 2/2 antecedent.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the illicit liquor has not been recovered from the house of this petitioner or any other place belonging to this petitioner rather it has been recovered from bush and further that the petitioner has no criminal antecedent, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IInd-cumSpecial Judge (Excise) Siwan in connection with Asaon P.S. Case No. 100 of 2018, subject to the condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T