Rakesh Yadav @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79903 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== Rakesh Yadav @ Rakesh kumar Son of Kallu Yadav @ Rajesh Yadav Resident of village Lallanji Ka Dera, P.S.- Brahampur, District - Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2025 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 the petitioner has antecedent of three cases and allegation is of recovery of 142.94 litres of liquor from a room of Triloki Public School.
4.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belongs to the petitioner and is accessible to public at large and he came to be
Patna High Court CR. MISC. No.79903 of 2025(2) dt.17-12-2025 2/3 implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that if the Chowkidar was aware about the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution.
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. 15,000/- (Rupees Fifteen Thousand) 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 Brahampur P.S. Case No. 193 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 more than three cases then it would be presumed that petitioner, for
Patna High Court CR. MISC. No.79903 of 2025(2) dt.17-12-2025 3/3 the purposes of 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 has antecedent of three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T