Rakesh Yadav @ Rakesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62865 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- ROSERA District- Samastipur ====================================================== Rakesh Yadav @ Rakesh Kumar Yadav S/O Bindo Yadav Resident Of Village- Dhattha Ward No- 06, P.S.- Rosera, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 15 litres of Indian made foreign liquor from a motorcycle and one person was apprehended who disclosed his name as Chandan Kumar. He named the petitioner as a person who fled away from the place of seizure.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.62865 of 2022(2) dt.02-12-2022 2/2 petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The seized motorcycle does not belong to the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) Court No. 1, Samastipur in connection with Rosera P.S. Case No. 120 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T