Rajeev Singh @ Rajiv Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30126 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- GUTHANI District- Siwan ====================================================== 1.

Rajeev Singh @ Rajiv Singh Son Of Jainath Singh Resident Of Village Oini, Ps Mairwa, Dist-Siwan 2.

Dhananjay Singh Son Of Ramesh Singh Resident Of Village Oini, Ps Mairwa, Dist-Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and allegation is of recovery of 93.420 liter of liquor from three motorcycles. Learned counsel for the petitioners submits that the petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they came to be implicated based on the confessional statement of Sanjay in

Patna High Court CR. MISC. No.30126 of 2023(2) dt.19-05-2023 2/2 police custody which does not have any evidentiary value, it is next submitted that the petitioners are not the owners of the seized motorcycles.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Guthni P.S. Case No. 41 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T