Rakesh Kumar @ Rakesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.54427 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54427 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -SAHJAHANPUR District- PATNA ====================================================== Rakesh Kumar @ Rakesh Singh, Son of Anil Singh, Resident of VillageChakraja, P.S.- Shahjahanpur, District- Patna (Bihar)..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Shahjahanpur P.S. Case No. 52 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 47 (a), 57 of Bihar Excise (Amended) Act, 2016 and Section 30 (a) of Bihar Liquor Prohibition and Excise Act, 2016. Allegedly, the petitioner has kept huge quantity of foreign liquor in the room of Laxman Prasad which was used for keeping husk.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, the petitioner has been arrested from his house and he is in custody since 13.10.2016. The Police has wrongly stated that the petitioner confessed that he has kept the liquor to sale.

Patna High Court Cr.Misc. No.54427 of 2016 (2) dt.21-12-2016 Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Shahjahanpur P.S. Case No. 52 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T