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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20963 of 2025 Arising Out of PS. Case No.-38 Year-2024 Thana- Paura District- Khagaria ====================================================== Rakesh Sharma @ Rakesh Kumar Sharma @ Rakesh Kumar S/O Rupan Sharma Resident of Village- Paharpur, PS- Narayanpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Paura P.S. Case No. 38 of 2024 registered for the offences punishable under Sections 30 (a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 64.80 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf

Patna High Court CR. MISC. No.20963 of 2025(2) dt.23-04-2025 2/3 of the petitioner submitted that name of petitioner transpired in the present case on the basis of disclosure as made by apprehended co-accused namely Dablu Kumar. It is submitted that recovery not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge 1st Khagaria/concerned Trial Court where the case is

Patna High Court CR. MISC. No.20963 of 2025(2) dt.23-04-2025 3/3 pending in connection with Paura P.S. Case No. 38 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T