Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21647 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== RAKESH KUMAR SINGH SON OF KRISHNA SINGH R/O- VILLAGEISHAPUR P.S.- MADANPUR, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Advocate :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned senior counsel for the petitioner submits that the petitioner has antecedents of four cases and allegation is of recovery of 40.5 liters of liquor from two plastic bags kept on a motorcycle.

Learned senior counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on secret information which is the

Patna High Court CR. MISC. No.21647 of 2022(2) dt.05-08-2022 2/2 easiest way to implicate someone in order to save the real culprits. It is next submitted that petitioner because of his antecedents came to be implicated when admittedly he was not even present at the place of occurrence nor the motorcycle belongs to him.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned senior counsel for the petitioner, 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. 5,000/- (Rupees Five 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 Madanpur P.S. Case No. 122 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) shivam/- U T