Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39392 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Rajesh Kumar S/O Mahesh SAH R/O Village- Rajepur, P.S- Rajepur, Distt.- East Champaran ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act and Sections 272 and 273 of the Indian Penal Code.

3. Prosecution case is that 28.800 liters illicit liquor was recovered from a hut situated in front of the house of the petitioner.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner as hut in question does not belong to him. Petitioner claims clean antecedent.

5. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, above named, be

Patna High Court CR. MISC. No.39392 of 2023(3) dt.25-09-2023 2/2 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 Judge, Excise Court No.1, Motihari, East Champaran in Rajepur Police Station Case No. 45 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T