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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23198 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- SILAO District- Nalanda ====================================================== Rakesh Kumar @ Rakesh Kumar Gupta, S/o Hira Sao, R/o Vishwakarma Nagar, P.S. - Silao, Distt- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Senior Advocate Mr. Amresh Kumar Sinha, Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Excise Case No. 87 of 2019 arising out of Silao P.S. Case No.20 of 2019, registered for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Sections 30(a) (b) (c) (d) of Bihar Excise Act, 2016. On the secret information the police raided the house of the petitioner and 152 litres of country made liquor and 320 litres of spirit were recovered.

Learned counsel for the petitioner submits that the Aadhar Card, which the petitioner possessed, is of Patna and it

Patna High Court CR. MISC. No.23198 of 2019(2) dt.11-04-2019 2/2 itself shows that he used to stay in Patna and there is no need to keep Aadhar Card of Patna when will reside his village. However, keeping Aadhar Card of other place cannot be a proof of resident of native place, it is an identity of Indian Nation and he has liberty to stay either in Patna or his village. Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T