Allowed

Rakesh Kumar Paswan @ Rakesh Kumar v. The State of Bihar

Patna HC22 Jul 2022CR. MISC./5439/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna granted anticipatory bail to the petitioner in a prosecution under the Bihar Prohibition and Excise Act. The petitioner undertook to remove defects and deposit a sum. Bail was granted subject to furnishing a bond and specific conditions.

What did the court decide?

Petitioner released on bail upon furnishing bond of Rs. 25,000 with two sureties and depositing Rs. 1,00,000 in the Legal Services Committee account.

Rakesh Kumar Paswan @ Rakesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5439 of 2022

¶2

Arising Out of PS. Case No.-101 Year-2021 Thana- OBRA District- Aurangabad

¶3

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

¶4

RAKESH KUMAR PASWAN @ RAKESH KUMAR SON OF SUNIL KUMAR R/O VILLAGE- DHARTIDOLWA, WYNDHAMGANJ, P.S.WYNDHAMGANJ AND DISTRICT- SONBHADRA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Verma For the Opposite Party/s : Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

¶9

ORAL ORDER

¶10

2 22-07-2022

¶11

Heard learned counsel for the petitioner and

¶12

learned A.P.P. for the State through virtual Court proceedings.

¶13

Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

¶14

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

¶15

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 3200 liters of hooch is said to have been recovered from a truck and

¶16

Patna High Court CR. MISC. No.5439 of 2022(2) dt.22-07-2022 2/3

¶17

car. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

¶18

Petitioner is agreed to deposit a sum of Rs.1,00,000.00 (Rupees One Lakh) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

¶19

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 below where the case is pending/successor Court in connection with Obra P.S. Case No. 101/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

¶20

Patna High Court CR. MISC. No.5439 of 2022(2) dt.22-07-2022 3/3

¶21

(1) One of the bailors will be his own blood relative,

¶22

preferably, father, mother, brother, sister and/or his wife.

¶23

(2) The petitioner shall not indulge himself in any

¶24

similar offence till conclusion of the trial.

¶25

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.1,00,000.00 (Rupees One Lakh) in the account of Patna High Court Legal Services Committee, Patna.

¶26

(Anjani Kumar Sharan, J)

¶27

Trivedi/-

Rakesh Kumar Paswan @ Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Paswan @ Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak Kumar Jha Vs The State of Bihar

Md. Mahboob Alam Vs the State of Bihar

Ranjeet Kumar Sharma @ Ranjeet Kumar Vs The State of Bihar

Ravi Prakash@Pawan Jaiswal Vs The State of Bihar

Karka @ Prahlad Mandal Vs the State of Bihar

Lal Babu Singh Vs The State of Bihar