Rakesh Prasad @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30701 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Rakesh Prasad @ Rakesh Kumar Son of Dhuman Prasad Resident of village - Madhopur, P.S.- G.B. Nagar, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Kumar, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with G.B. Nagar P.S. Case No. 71 of 2025, dated 23.02.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 45 litres of illicit liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that nothing has been recovered from the conscious possession of the petitioner and he has been falsely implicated in this case. Counsel further submits that the
Patna High Court CR. MISC. No.30701 of 2025(2) dt.15-05-2025 2/2 petitioner's name has figured in this case solely on confessional statement of chowkidar. It has been further submitted that the criminal antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that the petitioner has clean antecedent.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge Excise-1, Siwan, in connection with G.B. Nagar P.S. Case No. 71 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T