Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33702 of 2022 Arising Out of PS. Case No.-857 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAKESH KUMAR Son of Tuntun Sah @ Tuntun Gupta Resident of village - Gandhi Nagar Road No.- 2 Bairia, Kolhua, Paigamberpur, P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Bela Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30a/36 of the Bihar Prohibition and Excise Act and sections 272 and 273/34 of the IPC .

Prosecution case is that 330 liters foreign liquor was recovered from the premises of other co-accused. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.33702 of 2022(2) dt.09-09-2022 2/2 Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Excise Court No.1, Muzaffarpur in Ahiyapur Police Station Case No. 857 of 2021/GR No.2511 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T