Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28598 of 2022 Arising Out of PS. Case No.-325 Year-2021 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Rakesh Kumar Son Of Suresh Rai Resident Of Village - Dumari, Raja Pakar, Saidpur, Distt.- Vaishali. Pin- 844116 ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anmol Kumar For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 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, 36 and 41(1) of the Excise Act, 2016 and Sections 420, 467, 468 and 471 of the I.P.C.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2700 litre of liquor from a truck. 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. It is next submitted that the petitioner is neither the owner, nor the driver of the

Patna High Court CR. MISC. No.28598 of 2022(2) dt.12-08-2022 2/2 truck and his name transpired based on the confessional statement of Rakesh Kumar, which has no evidentiary value. The learned Additional Public Prosecutor opposes the anticipatory 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 from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Magadh Medical P. S. Case No.325 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