Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54359 of 2022 Arising Out of PS. Case No.-564 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== RAKESH KUMAR S/o Kishori Rajak Resident of Chitranjan Road, Mahila Vidhya Mandir, Naya Tola Purnai Bazar, Ward No. 12, P.S. and DistrictLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016-18.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 750 ml. illicit liquor from a car.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. He further submits

Patna High Court CR. MISC. No.54359 of 2022(2) dt.18-10-2022 2/2 that petitioner came to be implicated merely because he is owner of the car. He next submits that no prudent man would indulge in an illegal activity misusing his own vehicle and, thus, creating evidence against himself. He also submits that petitioner was completely unaware that the driver of the vehicle will misuse the vehicle.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) 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 Kanti P.S. Case No. 564 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T