Rinkesh Kumar @ Rinkesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53624 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

RINKESH KUMAR @ RINKESH SAHNI S/o Baleshwar Sahni Resident of Village- Kiratpur, Rajaram, Pachhiyari Tola, P.S.- Bhagwanpur, DistrictVaishali. 2.

Devnath Chauhan S/o Laxman Chauhan Resident of Village- Kiratpur, Rajaram, Pachhiyari Tola, P.S.- Bhagwanpur, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Ban Bihari Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 1000 litres semi-prepared liquor found near the pond of Lakshmi Sah among the bushes which was destroyed at the spot.

Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.53624 of 2022(2) dt.17-10-2022 2/2 was recovered from their conscious possession, it is further submitted that petitioners have no concern with Lakshmi Sah and even the alleged place from where the recovery was made is a place which is accessible to public at large and the petitioner came to be implicated at the instance of boatmen and chowkidar.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhagwanpur P.S. Case No. 79 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T