Rahul Kumar Singh @ Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13157 of 2025 Arising Out of PS. Case No.-44 Year-2019 Thana- GUTHANI District- Siwan ====================================================== Rahul Kumar Singh @ Rahul Singh Son of Late Ganga Sagar Singh Resident of Village- Pipra, P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a),38 (i) and41(i), of the Bihar Prohibition & Excise Act.

3. It would appear from the FIR and seizure list that total 1347.840 liters foreign liquor was recovered from pickupvan bearing Registration No. BR29L-0953.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in the present case on account of the fact that he is said to be the owner of the pickupvan which is a public carrier and the said pickup-van was driven by a driver and the petitioner had no knowledge that the said vehicle was put to illegal work. It is further submitted that

Patna High Court CR. MISC. No.13157 of 2025(3) dt.09-05-2025 2/3 the seizure list was not prepared according to the mandatory provisions of search and seizure and no recovery has been made from the physical and conscious possession of the petitioner.

5. Learned APP opposes the anticipatory bail on the ground that the petitioner has two criminal antecedents and one of which is a similar in nature.

6. Considering the aforesaid facts and circumstances of the case, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today, the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Guthni P.S. Case No. 44 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the learned court below shall verify the criminal antecedent of the petitioner before releasing him on bail.

7. However, the petitioner is agreed to deposit a sum of Rs. 5,000/- ( Rupees. Five Thousand) in the account of Patna High Court Legal Servics Committee, Patna bearing Account No. 1413010060836, IFSC Code-PUNB141320, Punjab

Patna High Court CR. MISC. No.13157 of 2025(3) dt.09-05-2025 3/3 National Bank, Bar Council Branch, Patna.

(Soni Shrivastava, J) N.K/- U T