Rakesh Rajak @ Rakesh Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29558 of 2022 Arising Out of PS. Case No.-172 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAKESH RAJAK @ RAKESH KUMAR RAJAK SON OF SURENDRA RAJAK RESIDENT OF VILLAGE- AKILABAD , P.S- HAJIPUR SADAR, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 70 litre of liquor from an auto and 35 litre of liquor from a motorcycle. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.29558 of 2022(2) dt.12-08-2022 2/2 recovered from his conscious possession. He further submits that petitioner is neither the owner nor the driver of the alleged vehicle and his name was disclosed by the local spy. Learned counsel submits that it appears that the local spy in order to save the real culprits has falsely implicated the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Sadar P.S. Case No. 172 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T