Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23521 of 2022 Arising Out of PS. Case No.-190 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Rakesh Kumar S/O Naresh Rai R/O Village- Deewan Tok, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32(i), 32(ii), 41(i), 41(ii) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 264.300 litre of liquor from a car. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and his name transpired in the confessional statement of co-accused Chandan Kumar, which has no evidentiary value.

Patna High Court CR. MISC. No.23521 of 2022(2) dt.08-08-2022 2/2 The learned counsel for the petitioner submits that the petitioner is the second-hand owner of the car and as such, he was not knowing that Chandan has misused the car for carrying liquor.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with C2A Case No.190 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T