Rakesh Bhagat @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34610 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== RAKESH BHAGAT @ RAKESH KUMAR SON OF KAPIL BHAGAT R/O VILLAGE- SHITAL SEMRA, P.S.- BARURAJ, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 57 liters of liquor from the house of co-accused Dilip Bhagat and 23.35 liters from the house of petitioner. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is further submitted that police in a mechanical manner without holding

Patna High Court CR. MISC. No.34610 of 2022(2) dt.18-08-2022 2/2 proper inquiry is implicating persons in liquor cases. Learned counsel submits that house is a joint family property and as such it cannot be alleged that it was the petitioner who had kept the liquor in the house, further the petitioner has no concern with Dilip Bhagat.

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 Baruraj P.S. Case No. 116 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T