Rakesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59298 of 2024 Arising Out of PS. Case No.-471 Year-2024 Thana- BASANTPUR District- Siwan ====================================================== Rakesh Kumar Rai Son of Basawan Rai @ Basawan Yadav Resident of Village- Gopalpur Nawada, P.S.- Lakdi Naviganj, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Basantpur(Lakdi Naviganj) P.S. Case No.471 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 323.80 liters of illicit liquor has been recovered near Gopalpur Chawar river. Allegation against the petitioner is that he fled away from the spot and the local Chaukidar has identified him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The recovery has been made from an open place. Neither the petitioner ran from the spot nor has any concern with the

Patna High Court CR. MISC. No.59298 of 2024(3) dt.25-09-2024 2/2 seized liquor, except suspicion, there is no material against the petitioner. He has been implicated in this case due to village politics. The petitioner has no criminal antecedent and he undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Judge Excise 1st Siwan in connection with Basantpur(Lakdi Naviganj) P.S. Case No.471 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) durgesh/- U T