Rajesh Rai @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65377 of 2022 Arising Out of PS. Case No.-244 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Rajesh Rai @ Rajesh Kumar S/O Ram Udit Rai R/O Village- Rani, P.SBachhawara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Teghra P.S. Case no. 244 of 2021 instituted for the offence under Section 120B of the Indian Penal Code and Section 30(a), 40(1)(2) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of a huge quantity of illicit liquor from different vehicles. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the

Patna High Court CR. MISC. No.65377 of 2022(2) dt.02-12-2022 2/3 alleged recovery of illicit liquor. It is further submitted that the petitioner was not present at the place of occurrence and vehicles in question do not belong to the petitioner. The name of the petitioner has been disclosed in this case on confessional statement of co-accused, namely, Ranjiv Kumar Chaudhary who was apprehended on spot. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Similarly situated co-accused namely, Vikash Kumar has been granted bail by this court vide order dated 17.11.2022 in Cr. Misc No. 59730 of 2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Teghara P.S. Case no. 244 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive

Patna High Court CR. MISC. No.65377 of 2022(2) dt.02-12-2022 3/3 Excise Court-1, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T