Rakesh Singh @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61060 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

RAKESH SINGH @ RAKESH KUMAR Son of Bir Bahadur Singh Resident of Village- Pachtaki Yadu, P.S.- Bairgania, District- Sitamarhi 2.

BIR BAHADUR SINGH Son of Late Chartira Singh Resident of VillagePachtaki Yadu, P.S.- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2016.

Prosecution case is that 27.3 litres of illicit liquor has been recovered from a bamboo clamp.

Nothing has been recovered from the conscious possession of the petitioners.

However, learned counsel for the state opposes the bail application and submits that petitioner no. 1 has got a criminal antecedent of similar nature.

Patna High Court CR. MISC. No.61060 of 2022(2) dt.09-12-2022 2/2 Considering the same prayer for bail of petitioner no. 1 is rejected.

Considering the clean antecedent of petitioner no. 2, in the event of arrest/surrender within six weeks from today, let the petitioner no.2, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Special Excisse Court I, Sitamarhi in connection with Bairgania P.S. Case No. 49/22 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) asmit/- U T