Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66798 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- DORIGANJ District- Saran ====================================================== Rakesh Rai Son of Harendra Rai R/V- Bhaismara Paharpur, P.S- Garkha, DistSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 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 Doriganj P.S. Case no. 45 of 2022 instituted for the offence under Sections 30(a), 30(2)(3) of the Bihar Prohibition and Excise (Amendment) Act. Prosecution case relates to recovery of 200 litres of country made liquor from 3 motorcycles bearing registration No. BR-04AF-8269, BR-04V-7413 & BR04F-4205. One persons was apprehended from the spot

Patna High Court CR. MISC. No.66798 of 2022(2) dt.09-12-2022 2/3 who disclosed his name as Satish Kumar.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern either with the alleged recovery or with the motorcycles in question. The name of the petitioner has been sprang up in this case on the basis of secret information. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

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 Doriganj P.S. Case no. 45 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.66798 of 2022(2) dt.09-12-2022 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of 2nd Additional District and Sessions Judge cum Special Judge, Excise, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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