Rakesh Rai @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75853 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- RAJPUR District- Buxar ====================================================== RAKESH RAI @ RAKESH KUMAR S/o Raj Narayan Kumar Resident of Village & P.O.-Dumari,P.S. Simari,Distt.-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Rajpur P.S. Case No. 217 of 2018 registered for the offence punishable under sections 414, 420, 120B of the Indian Penal Code, sections 3(I)/7(a)/9(a) of the Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993, sections 3, 4, 5 & 6 of the Motor Spirit & High Speed Diesel (Regulation of Supply, Distriction and Prevention of Malpractice) Order, 2005 and section 7 of the Essential Commodities Act. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case with ulterior motive on the basis of confessional statement of the co-accused. As a matter of fact, the alleged recovery has

Patna High Court Cr.Misc. No.75853 of 2018(2) dt.20-12-2018 2/2 been made from a place about 40 Kms. away from the Petrol Pump of this petitioner. Petitioner has no concern with the alleged recovery. Petitioner is a man of repute and there has never been any complaint against this petitioner from any Authority or Public. Petitioner is a man of clean antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 217 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T