Rajesh Kumar @ Rajesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1713 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== RAJESH KUMAR @ RAJESH SAH Son of Late Madan Sah Resident of Village- Ward No. 12 Basantpur, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case.
Allegation is of recovery of 120 litres of liquor from an auto as detailed in the FIR.
Learned counsel for the petitioner submits that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is neither the owner nor the driver of
Patna High Court CR. MISC. No.1713 of 2022(2) dt.01-07-2022 2/2 the auto and he was implicated falsely at the behest of the local people reasons best known to them.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kundwachainpur P.S. Case No. 144 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T