Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38985 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- MARANCHI District- Patna ====================================================== RAKESH KUMAR S/O SRI CHANDRA MOULI SINGH @ MOULI SINGH Resident of Village- Maranchi, P.S.- Maranchi, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 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 14.400 liters of liquor from a bag kept near the house of the 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 and came to be implicated based on secret information which is the easiest way to implicate an innocent person when petitioner is admittedly a

Patna High Court CR. MISC. No.38985 of 2022(2) dt.04-11-2022 2/2 person with clean antecedent and came to be implicated merely because the liquor was found adjacent to his house, it is also submitted that alleged place from where recovery made does not belong to the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maranchi P.S. Case No. 84 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T