Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73423 of 2025 Arising Out of PS. Case No.-335 Year-2025 Thana- Excise P.S. District- Nalanda ====================================================== Rakesh Kumar S/O Nageshwar Singh R/O Village- Araikeshopur Teh, Gaya, P.S.- Atari , District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 6 liters of liquor from Nirmal Bhawan.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.73423 of 2025(2) dt.01-11-2025 2/3 petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession even alleged recovery is from a place which does not belong to the petitioner and he came to be implicated based on confessional statement of Abhishek in police custody which does not have any evidentiary value, it is reiterated and submitted that petitioner is a person with clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Excise Bihar P.S. Case No. 335 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of

Patna High Court CR. MISC. No.73423 of 2025(2) dt.01-11-2025 3/3 seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

8. Accordingly, the instant application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T