Rakesh Kushwaha @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10502 of 2018 Arising Out of PS.Case No. -176 Year- 2017 Thana -SIDHWALIA District- GOPALGANJ ======================================================
1. Rakesh Kushwaha @ Rakesh Kumar S/o Sri Rajendra Kushwaha, R/o Village- Panditpur, P.S.- Sidhwalia, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyama Kant Singh For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Sidhwalia P.S. Case No.176 of 2017 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 135 litres of illicit liquor from the bushes situated in front of the house of one Binda Bhagat.
The learned counsel for the petitioner submits that neither any recovery has been effected from the conscious possession of the petitioner nor from the house of the petitioner herein. It is further submitted that the petitioner is having clean antecedent.
Patna High Court Cr.Misc. No.10502 of 2018 (2) dt.27-02-2018 2/2 Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J.II, Gopalganj in connection with Sidhwalia P.S. Case No.176 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) N.H./- U T