Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64678 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- MAHKAR District- Gaya ====================================================== RAKESH KUMAR son of Awadhesh Ram @ Awadhesh Prasad VillageDhansingra P.S.- Mahkar District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-10-2023 Heard Mr. Arvind Kumar Singh, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Mahkar P.S. Case No. 95 of 2023 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Amendment Act.

3. The police on a secret information, seized a Mahindra Xylo vehicle which was parked in front of the house of one Manoj Bind. On search total 120.75 liters Indian Made Foreign Liquor and a bag containing some documents disclosing the name of co-accused Suraj Kumar were recovered. On the tip of the materials disclosed, co-accused Suraj Kumar was apprehended, he disclosed the name of the petitioner as owner

Patna High Court CR. MISC. No.64678 of 2023(2) dt.17-10-2023 2/3 of the illicit wine.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has neither any concern with the Mahindra Xylo vehicle nor with the alleged recovered illicit wine. He further submits that only because of one past criminal antecedent his name has been implicated in this case and save and except the confessional statement of co-accused Suraj Kumar, there is no other material suggesting the complicity of the petitioner moreover, the confession made before the police is not admissible and hit by Section 25 / 26 of the Indian Evidence Act. He next submits that even during the course of investigation nothing has been recovered from the whereabouts of the petitioner that apart there is further infirmities in the search and seizure.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from Mahindra Xylo car to which the petitioner has no concern, let the petitioner be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court CR. MISC. No.64678 of 2023(2) dt.17-10-2023 3/3 receipt/production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Exclusive Special Judge, Court No. 02, Gaya in connection with Mahkar P.S. Case No. 95 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) saurabhkr/- U T