Rakesh Kumar @ Rakesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37820 of 2025 Arising Out of PS. Case No.-1073 Year-2024 Thana- SONEPUR District- Saran ====================================================== Rakesh Kumar @ Rakesh Rai S/o Raj Narayan Rai R/o Village- Sabalpur Chaharam, P.S.- Sonpur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ganesh Prasad Singh, Advocate For the State :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 26.25 litres illicit foreign liquor and 1530 litres illicit country made liquor was recovered from the bank of river Ganga.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an open place,
Patna High Court CR. MISC. No.37820 of 2025(2) dt.25-07-2025 2/2 which is accessible to one and all.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of illicit liquor was recovered. Petitioner has got three criminal antecedents out of which two are of similar nature.
6. Considering the nature of accusation, recovery of huge quantity of illicit liquor and fact that petitioner has got three criminal antecedents out of which two are of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T