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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63624 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Rakesh Singh @ Rakesh Kumar Singh S/O Late Vishwanath Singh Village Rasulpur Ps Lalganj District Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 467, 468, 471 of the I.P.C. and sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 540 liters foreign liquor from a truck and 837 liters liquor from a Tata Magic van and the petitioner is said to have indulged in illicit trade of liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of secret information. Petitioner has no

Patna High Court CR. MISC. No.63624 of 2023(2) dt.10-10-2023 2/2 concern with the alleged recovery of illicit liquor or with the vehicles in question. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 23.8.2023. Moreover, other co-accused person has already been granted bail which is evident from Annexure-1.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lalganj P.S. Case No. 75 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise court No.1-cum-Addl. District & Sessions Judge, Vaishali at Hajipur.

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