Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44760 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== Rakesh Kumar S/o Rampravesh Singh R/o vill - Chandrahati, P.s. - Kudhani, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate Smt. Kumari Seema Singh, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kudhani P.S. Case No. 111 of 2024 dated 10.04.2024, instituted for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amended Act, 2018.

3. The allegation is of recovery of 45.39 litres of Indian made foreign liquor from the Champkhari's bridge situated at village Chandrahati.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner has been made

Patna High Court CR. MISC. No.44760 of 2024(2) dt.24-07-2024 2/2 accused in this case only on the confessional statement of apprehended person namely, Rahul Kumar, who is on inimical term with the petitioner. It is further submitted that petitioner has no knowledge about the recovery of illicit liquor. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kudhani P.S. Case No. 111 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No. II, Muzaffarpur, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T