Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49316 of 2025 Arising Out of PS. Case No.-132 Year-2022 Thana- TILAUTHU District- Rohtas ====================================================== Rakesh Kumar S/o- Late Mahendra Prasad Gupta @ Mahendra Prasad Resident of Mohalla- BauliaRoad Sasaram PS-Sasaram District- Rahtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rameshwar Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Tilauthu P.S. Case No. 132 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from two bikes altogether 5 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that he was not apprehended. He has been named in this case because he is the owner of the bike. It is clear from the FIR itself that the bike

Patna High Court CR. MISC. No.49316 of 2025(2) dt.06-08-2025 2/2 was not being driven by this petitioner. He has transferred the said bike but R.C. could not be transferred. Recovery of liquor has not been made from the physical possession of this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Tilauthu P.S. Case No. 132 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Rohtas, Sasaram subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T