Rakesh Ranjan Kumar Singh @ Rakesh Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25922 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- KHUDWA District- Aurangabad ====================================================== RAKESH RANJAN KUMAR SINGH @ RAKESH RANJAN S/O VACHAN SINGH @ BACHHAN SINGH Resident of Near Swaraj Puri Road, Lalbagh, P.S.- Gaya, District- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in connection with Khudwa P.S. Case No.16 of 2022, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

Allegedly 2.1 litres of country made liquor is said to have been recovered from the motorcycle of the petitioner, who fled away after leaving behind the motorcycle, on seeing the police.

Patna High Court CR. MISC. No.25922 of 2022(2) dt.26-08-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has been made accused in this case on the basis that he is the owner of the motorcycle from which recovery has been made. Petitioner has no concern either with the recovery of the illicit liquor or any trade of liquor. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, since the since the recovery has been made from the motorcycle of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T