Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60485 of 2022 Arising Out of PS. Case No.-599 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Rahul Kumar S/O Subodh Ray R/O Village- Gopinathpur, Dokara @ Doghra, P.S.- Saraiya, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 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 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

Allegedly, it is a case of recovery of illicit liquor from the three motorcycles.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor as well as motorcycles and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot and the name of

Patna High Court CR. MISC. No.60485 of 2022(2) dt.18-11-2022 2/2 the petitioner came into light on the basis of confessional statement of apprehended co-accused Govinda Kumar. Petitioner has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, 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 thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Court No.II, Muzaffarpur in connection with Saraiya P.S. Case No. 599 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T