Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83988 of 2024 Arising Out of PS. Case No.-27 Year-2022 Thana- RISIYAP District- Aurangabad ====================================================== Rakesh Kumar Son of Late Bajrangi Singh Permanent Resident of MohallaDanibigah, Satyachandi Bhawa, P.S.- Aurangabad, District- Aurangabad, at Presently resident at 31DOCF Apartment, Mayur Bihar, Phase-I, New Delhi- ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Risiyap P.S. Case No. 27 of 2022, lodged on 29.03.2022, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution, the FIR has been lodged against two named accused persons. Total recovery of 65.7 litres of illicit country made liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is not named in the FIR, his name has figured in this case by virtue of confessional statement of the co-accused. Counsel further submits that the petitioner is not

Patna High Court CR. MISC. No.83988 of 2024(2) dt.18-01-2025 2/2 working in the area where the illicit liquor was seized, rather, the petitioner is employed in Delhi as a Regional Manager, IDBI, Bank. It is contended that the petitioner has been falsely implicated in this case. The co-accused person, who was arrested in possession of the vehicle, was identified and through the Registration No. of the said seized vehicle the petitioner's name has come up in this case. Counsel further submits that the criminal antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise No.-02, Aurangabad in connection with Risiyap P.S. Case No. 27 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Aman Kumar/- U T