Allowed

Rakesh Kumar v. the State of Bihar

Patna HC18 Feb 2022CR. MISC./54058/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in anticipation of arrest in a liquor-related case. The court found the offence under the Excise Act was not made out given the petitioner did not own the vehicle and liquor was not recovered from his possession.

What did the court decide?

Anticipatory bail granted; petitioner to be released on bail upon arrest if arrested, subject to Section 438(2) conditions.

Rakesh Kumar Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54058 of 2021

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Arising Out of PS. Case No.-110 Year-2021 Thana- JANDAHA District- Vaishali

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======================================================

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Rakesh Kumar S/O Shree Ram Naresh Singh @ Ram Naresh Singh R/O Village-Arniya, P.S-Jandaha, District-Vaishali.

... ... Petitioner

Versus

The State Of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Shanti Bhushan Singh For the Opposite Party/s : Mr.Braj Kishore Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL ORDER

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2 18-02-2022 Heard both the parties through video conferencing.

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The petitioner seeks bail in anticipation of his arrest in connection with Jandaha P.S. Case No.110 of 2021 instituted for the offences under Sections 414 of the Indian Penal Code & Section 30(a)/38(1)/41(1) of Bihar Prohibition and Excise Act, 2018.

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Learned counsel for the petitioner submits that the liquor was found in a truck and four pick up van which managed to escape. It is submitted that nothing has been recovered from the conscious possession of the petitioner and he has been falsely implicated in this case. The liquor which has been seized cannot be connected with the petitioner and on the basis of some wrongful element, the petitioner has been named in the case.

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Patna High Court CR. MISC. No.54058 of 2021(2) dt.18-02-2022 2/2

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The petitioner is not the owner of the vehicle.

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Taking into consideration the over all aspect and merely there is an earlier case registered against the petitioner, it cannot be said that the offence under section 30(a) of the Excise Act is made out against the petitioner.

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In view thereof, I am inclined to grant benefit of anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Sanjeev Prakash Sharma, J)

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amit/-

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U T

Rakesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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