Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62018 of 2018 Arising out of P.S.Case No. -59 Year- 2018 Thana -RISIYAP District- AURANGABAD ======================================================

1. Rakesh Kumar Singh, Son of Upendra Kumar Singh @ Upendra Singh, Resident of Village- Sobhi Dumra, P.S. Muffasil, District- Bhojpur (Arah), (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Risiup P.S. Case No. 59 of 2018, registered for offence punishable under Section 30(A) of Bihar Prohibition and Excise Amendment Act, 2016.

Allegation against the petitioner as per F.I.R. is of recovery of 367 liters of country made liquor from the vehicle and the petitioner was apprehended from the spot. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and entire prosecution story is false and concocted. It is also submitted that nothing has been recovered from the conscious possession of

Patna High Court Cr.Misc. No.62018 of 2018 (2) dt.11-10-2018 2/2 the petitioner and he is in custody since 02.09.2018. Heard learned A.P.P, who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ADJ VII- Cum- Special Judge Excise, Aurangabad in connection with Risiup P. S. Case No. 59 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T