Rakesh Singh @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47674 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== Rakesh Singh @ Rakesh Kumar Son Of Nand Kishor Singh R/O VillageSarasawti Colony Kanhauli Vishundatt, P.S.- Mithanpura, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case in connection with Mushari P.S. Case No. 177 of 2021 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a), 36, 41 of the Bihar Prohibition & Excise Act.

There is recovery of 477 litres of Indian Made Foreign Liquor.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case and nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.47674 of 2022(2) dt.11-11-2022 2/2 Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer of the petitioner and submitted that huge quantity of illicit liquor has been recovered. It is also submitted that petitioner has 3 antecedents of similar nature.

Considering the fact that petitioner is regular offender and he has antecedents of similar nature, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for grant of anticipatory bail to the petitioner stands rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) nirajkrs/- U T