Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73531 of 2025 Arising Out of PS. Case No.-133 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== Rakesh Kumar S/O Naresh Paswan R/O Village-Koiripatti, P.S- Bairiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 103.68 liters of illicit liquor from a road in front of Gagan Dev Mahto's house along with a vehicle alleged to have been abandoned by the petitioner. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated at the instance of Chowkidar. It is further submitted that if the Chowkidar was
Patna High Court CR. MISC. No.73531 of 2025(2) dt.01-11-2025 2/3 aware of the involvement of petitioner in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution, it is reiterated and submitted that the petitioner is a person with clean antecedent.
4. The learned APP opposes the anticipatory bail application.
5. Considering the submissions made by learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Srinagar P.S. Case No.133 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner 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
Patna High Court CR. MISC. No.73531 of 2025(2) dt.01-11-2025 3/3 would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sanjay/- U T