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Patna High CourtCR. MISC./46306/2022allowed

Rajeev Kumar v. The State Of Bihar

2022-11-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46306 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== RAJEEV KUMAR Son of Kailash Singh @ Bhuttu R/v- Sahdullahpur, P.SGanga Bridge, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, 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.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 990.750 liters of liquor from the banana plantation behind the house of Rakesh Kumar.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is also submitted that the alleged recovery is from a place which does not belong to the petitioner and even the banana plantation does

Patna High Court CR. MISC. No.46306 of 2022(2) dt.04-11-2022 2/2 not belong to the petitioner and he came to be implicated at the instance of nearby people whose name is not disclosed in the FIR. Learned counsel next submits that because of his antecedents police falsely got him implicated. 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. 25,000/- (Rupees Twenty Five 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 Ganga Bridge P.S. Case No. 33 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T