Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64841 of 2022 Arising Out of PS. Case No.-375 Year-2022 Thana- HISUWA District- Nawada ====================================================== 1.

RAKESH KUMAR S/o Yamuna Prasad @ Jamuna Prasad R/o VillageShrirampur Tola, Gondra, P.S.- Hisua, Distt- Nawada. 2.

Priyaranjan Kumar S/o Abhimanu Kumar R/o Village- Shrirampur Tola, Gondra, P.S.- Hisua, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2022 Heard the parties through virtual court proceedings. Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 30(a) and 41 of the Excise Act.

Altogether 13.400 litres of illicit liquor is said to have been recovered near the water canal. After seeing the police, two persons started to flee away and managed to escape. Learned counsel for the petitioner submits that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of his enemies. Their name transpired in this case merely on suspicion. Petitioners have neither been

Patna High Court CR. MISC. No.64841 of 2022(2) dt.09-12-2022 2/3 apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. The place of occurrence is an open place and does not belong to petitioners. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioners are agreed to deposit a sum of Rs.10,000.00/- (Rupees Ten Thousand) and 20,000.00/- (Rupees Twenty Thousand) respectively in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five 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 Hisua P.S. Case No.375 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as

Patna High Court CR. MISC. No.64841 of 2022(2) dt.09-12-2022 3/3 also the following conditions:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the above mentioned amount in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) divyanshi/- U T