Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48925 of 2022 Arising Out of PS. Case No.-990 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rakesh Kumar Son of Mahendra Sahni, R/o Village- Rasulpur Salim, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 990 of 2020, lodged under Sections 272/273/34 of Indian Penal Code read with Sections 30(a)/36 of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, the total recovery of 20 liters of spirit is the subject matter relating to the present case. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that no recovery has been made from the possession of petitioner. Learned counsel further submits that antecedent of

Patna High Court CR. MISC. No.48925 of 2022(2) dt.11-11-2022 2/2 petitioner is clean and he is in custody since 25.06.2022. He also submits that other co-accused persons of this case have already been granted bail by the Co-ordinate Bench of this Court vide Annexure-2 series.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Muzaffarpur in connection with Ahiyapur P.S. Case No. 990 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T