Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30880 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== Rakesh Kumar, Son Of Late Upendra Singh Resident Of Vill.- Ward No.- 11, Vill.- Sahdullahpur, Sahdullahpur, P.S.- Sahdullahpur, District - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 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) of the Excise Act, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 990.750 litres of liquor from the banana plantation behind the house of the petitioner.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. Even the recovery is from a place which is accessible to public

Patna High Court CR. MISC. No.30880 of 2022(2) dt.03-11-2022 2/2 at large and does not belong to the petitioner. 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 Ganga Bridge P. S. Case No.33 of 2022, 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