Patna High CourtCR. MISC./61875/2022bail granted

Rakeeb Ahmad @ Rakeeb Khan v. The State Of Bihar

2023-07-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61875 of 2022 Arising Out of PS. Case No.-201 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rakeeb Ahmad @ Rakeeb Khan @ Rakeeb Ahmad Khan, S/O Samim Ahmad Khan Resident Of Village- Naina Ghat,P.S.- Darbhanga Sadar(O.P. Bhalpatti) ,District- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jawed Gaffar Khan For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 414, 120(B) of the I.P.C. and Sections 30(a), 31, 32(i)(ii), 36, 41(1)(2) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 2217.960 litres of liquor from a truck.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be

Patna High Court CR. MISC. No.61875 of 2022(9) dt.25-07-2023 2/2 implicated on the basis of a mobile number as the seized mobile belonged to the petitioner. The learned counsel submits that mobile was lost and the police in a mechanical manner implicated the petitioner, when petitioner is not the owner of the seized vehicle.

5. Learned A.P.P. opposes the bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Court No.11, Muzaffarpur in connection with Motipur P. S. Case No.201 of 2021 dated 19.05.2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T