Rakesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68089 of 2023 Arising Out of PS. Case No.-532 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== RAKESH DUBEY S/O SRI KANT DUBEY R/O VILL.- DHAMAWAL, P.SSHAHPUR, DISTT.- BHOJPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner apprehends arrest in connection with Brahampur P.S. Case No. 532 of 2023 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that the alleged recovery of illicit liquor has been made from the hut of co-accused Shiv Prakash Pandey. Nothing has been recovered from the conscious possession of the petitioner.

4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the

Patna High Court CR. MISC. No.68089 of 2023(2) dt.01-11-2023 2/2 petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2, Buxar in connection with Brahampur P.S. Case No. 532 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) tusharika/- U T