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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35542 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Rohit Singh @ Rohit Kumar Singh S/o- Lalbahadur Singh R/o Village- Kako PS-Bhairavasthan Dist-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases.

4. Allegation is of recovery of 306.625 litres of liquor from a car.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on the secret information.

Patna High Court CR. MISC. No.35542 of 2024(3) dt.20-07-2024 2/3

6. Mr. Chandra Bhushan Prasad learned A.P.P. for the State though has submitted that petitioner is not the owner of the seized vehicle but then the same is not pleaded in the anticipatory bail application.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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.15,000/- (Rupees Fifteen 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 connection with G.R. No. 315 of 2024 arising out of Rajnagar P.S. Case No. 70 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than three cases in that event the present anticipatory bail order shall not be given effect to.

9. However, the learned trial court, before accepting the bail bonds of the petitioner, shall also verify the ownership

Patna High Court CR. MISC. No.35542 of 2024(3) dt.20-07-2024 3/3 of the seized vehicle and if it is found that it is in the name of the petitioner in that event the present anticipatory bail order shall also not be given effect to.

(Satyavrat Verma, J) Kundan/- U T