Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53436 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== Rakesh Kumar, male, S/o Ashok Chaudhary, R/o village- Meghraj Bigha, P.S.- Mufassil, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Bahadur Singh, Adv.

For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 141 of 2019 registered under Section 30(A) of Bihar Excise (Prohibition) Amendment Act, 2018.

The allegation against the petitioner, as per the first information report, is that the police based upon a secret information that the petitioner was indulged in sale of illicit liquor near Vargad tree standing near the Batane River reached there and upon seeing the police party, one person fled away and upon inquiry, it was disclosed that the petitioner is the person who fled away from the place of occurrence. The police upon search recovered the total quantity of 131 liters of illicit country

Patna High Court CR. MISC. No.53436 of 2019(2) dt.27-08-2019 2/3 made and foreign liquor both.

Learned counsel appearing for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated due to village politics. Learned counsel further submits that from perusal of the first information report and seizure list, it is evident that illicit liquor has been recovered from open space near Batane River and beneath the Vargad tree. Learned counsel further submits that no recovery of illicit liquor has been made from the possession and from the premises belonging to the petitioner, as such no prima facie case under the provisions of Excise Act is made out.

After having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the possession and the premises belonging to the petitioner and the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to both the petitioners. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions

Patna High Court CR. MISC. No.53436 of 2019(2) dt.27-08-2019 3/3 Judge-VII-cum-Special Judge (Cxcise), Aurangabad (Bihar) in connection with Mufassil P.S. Case No. 141 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U