RAKESH KUMAR v. The State of Bihar Bihar

====================================================== Appearance : For the Petitioner/s For the Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Jay Ram Prasad : Mr. Md. Ataur Rahman : 2 20-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a), 36 of Bihar Prohibition and Excise Amendment Act, 2018. Altogether 24.60 liters of country made liquor is said to have been recovered from the spot, out of which, 15 liters of country made wine has been recovered from the pick up van of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner.

He has no concern either with the seized liquor or any trade of liquor. He has been falsely Patna High Court CR. MISC. No.1622 of 2023(2) dt.20-03-2023 implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis that he is owner of the vehicle but the fact is that he had given his vehicle to his driver for running purpose having no knowledge of what was being carried in his car. Peti- tioner has no criminal antecedent. Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Le- Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab Na- tional Bank, Bar Council Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court be- low, where the case is pending/Successor court, in connection with Didarganj P.S. Case No.106 of 2022, subject to the condi- tion as laid down under Section 438 (2) of the Cr.P.C, with the following conditions: (i) That one of the bailors will be a close relative of Patna High Court CR. MISC. No.1622 of 2023(2) dt.20-03-2023 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner.

He will also undertake to inform the Court if there is any change in the address of the pe- titioner. (2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of antic- ipatory bail on the ground of misuse. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of aforesaid in the Patna High Court Legal Services Committee. shikha/- U T (Anjani Kumar Sharan, J)