Anticipatory bail granted to petitioner Rakesh Kumar in police case regarding liquor offence. Bail conditioned on surrender within six weeks and furnishing bond with sureties.
Anticipatory bail granted on surrender within six weeks via bond of Rs. 20,000 with two sureties of same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73924 of 2023
Arising Out of PS. Case No.-331 Year-2023 Thana- MAHUA District- Vaishali
======================================================
Rakesh Kumar, aged about 28 years (Male), Son of Raj Narayan Rai, Resident of Village-Alipur Bhadwash, P.S.-Mahua, District-Vaishali.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Santosh Kumar, Advocate For the Opposite Party : Mr. Awadhesh Kumar Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 30-11-2023
Learned counsel for the petitioner is permitted to
remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.73924 of 2023(2) dt.30-11-2023 2/3
Md. Kaimur.
that the petitioner is innocent and has been falsely implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. The alleged recovery of liquor was made from the field of the co-accused Md. Kaimur. It is submitted that the name of the petitioner has been disclosed by local people. The other co-accused persons have already been granted anticipatory bail by another Co-ordinate Benches of this Court vide Cr. Misc. No. 48846 of 2023 under order dated 16.08.2023 and Cr. Misc. No. 47172 of 2023 under order dated 11.08.2023, annexed as Annexure-2 series to the bail petition. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. No case is made out against the petitioner.
Patna High Court CR. MISC. No.73924 of 2023(2) dt.30-11-2023 3/3
weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Mahua P.S. Case No. 331 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Chandra Prakash Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail conditioned on removing the defect within six weeks?
3 provisions across 3 enactments
Rakesh Kumar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
