Rakesh Singh @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36802 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== Rakesh Singh @ Rakesh Kumar Son Of Nand Kishore Singh Resident of village- Sarswati colony kanhauli Vishundath, P.S.- Mithanpura, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Mushahari P.S. Case No. 167 of 2021, registered for the offence punishable under Sections 272, 273 and 34 of the Indian Penal Code and sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

4374.360 litres of foreign liquor has been recovered from a truck which was parked on the road.

It is submitted that petitioner has falsely been implicated in this case on the instigation of enemies. Nothing has been recovered from conscious possession of this petitioner. Petitioner is neither driver nor owner of vehicle in question and

Patna High Court CR. MISC. No.36802 of 2022(2) dt.09-09-2022 2/2 has got no concern with the alleged recovery. Counsel for the State vehemently opposed the bail application and submitted that petitioner has got three criminal antecedents of similar nature.

Considering the criminal antecedent, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T