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Patna High CourtCR. MISC./62216/2024bail granted

Rakesh Kumar v. The State Of Bihar

2024-10-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62216 of 2024 Arising Out of PS. Case No.-304 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Rakesh kumar Son of Dharmdeo Bhagat @ Dharmdev Bhagat Resident of Village- Semra, Bhola Tola, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 50 litres country made liquor has been recovered from the spot.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and petitioner has been made accused only on suspicion. Recovery has been made from an open place, which is accessible to all. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.62216 of 2024(2) dt.01-10-2024 2/2

5. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Court No. 1, East Chmaparan, Motihari in connection with Turkaulia P. S. Case No. 304 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T