Patna High CourtCR. MISC./52209/2025bail rejected

Rakesh Kumar v. The State Of Bihar

2025-08-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52209 of 2025 Arising Out of PS. Case No.-118 Year-2024 Thana- TETERHAT District- Lakhisarai ====================================================== Rakesh Kumar S/O Sanjay Singh R/O Village And Po-Manjour, P.S.- Warsaliganj Town, District-Navada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sonu Kumar Chaudhari, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Tetarhat P.S. Case No.118 of 2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 pending before the court of Addl. Sessions Judge-VII, cum- Exclusive Special Excise Court No.2, Lakhisarai.

3. As per the prosecution, the total recovery of 381 litres of illicit liquor has been made from a car, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his

Patna High Court CR. MISC. No.52209 of 2025(2) dt.12-08-2025 2/2 name has been transpired only due to owner of the alleged vehicle. Counsel further submits that criminal antecedent of the petitioner is not clean as there are 6 criminal cases pending against him. He further submits that the petitioner has sold his vehicle, but the actual sale transaction was never performed.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are 6 cases pending against him and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J.) Prakashmani/- U T