Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1323 of 2019 Arising Out of PS. Case No.-244 Year-2018 Thana- BARHARIA District- Siwan ====================================================== Rakesh Kumar son fo late Ram Naresh Bhagat @ late Ramesh Prasad @ late Ramesh Kumar Singh of vill. Aurai Cahndraman Hata, P.S. Barharia, District Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Barhariya P.S.Case No.244 of 2018 , registered for offences punishable under Sections 272, 273, 308/34 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 43 ltrs. of liquor from the vehicle and the petitioner is said to be the owner of the vehicle.

Submission of the learned counsel for the petitioner is that he was not present there, he has been falsely implicated in this case and he has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts

Patna High Court Cr.Misc. No.1323 of 2019(2) dt.18-01-2019 2/2 and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Siwan in connection with Barhariya P.S.Case No.244 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U