Rakesh Singh @ Bullet Singh @ Bullet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23945 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== RAKESH SINGH @ BULLET SINGH @ BULLET, aged about 20 years, Male, Son of Late Sudarshan Singh Resident of Bisunpura, P.S.- Kateya, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar, Advocate For the Opposite Party/s :

Mr.Asha Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Gopalpur P.S.Case No.34 of 2019 for the offence alleged under Sections 272, 273 and 420 of the Indian Penal Code and under Sections 30(a), 35/38 of the Bihar Prohibition and Excise Act. The prosecution case as lodged by the police personnel is that on secret information that illicit liquor is being carried in a motorcycle, the police started vehicle checking and the petitioner was apprehended. From the motorcycle 104.800 liters of illicit liquor concealed in a bag was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court CR. MISC. No.23945 of 2019(2) dt.16-04-2019 2/2 has been falsely implicated in the aforesaid case. He submits that illicit liquor did not belong to him and he is a victim of highhandedness of the police and is languishing in judicial custody since 05.03.2019.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Gopalpur P.S.Case No.34 of 2019 to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise, Gopalganj, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T