Rajnish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37263 of 2022 Arising Out of PS. Case No.-295 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== 1.

RAJNISH KUMAR SINGH Son of Amarkant Singh Resident of vill. - Vajitpur Meyari, PS - Sarai Ranjan, Distt. - Samastipur 2.

Dileep Rai Son of Radheshyam Rai Resident of Vill- Kewta, PS- Dalsingh Sarai, Distt.- Samastipur 3.

Chandan Kumar Son of Satrudhan Sah Resident of Kalyanpur Basti, PSMohiuddin Nagar, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 465, 467, 468, 471 of the Indian Penal Code read with Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. Allegation is of recovery of 1857.225 litres of liquor from two pick-up vans.

Patna High Court CR. MISC. No.37263 of 2022(2) dt.29-07-2022 2/2 Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession nor they are owner of the vehicles from which the liquor was seized and came to be implicated on the ground that they are members of the syndicate as disclosed by the apprehended accused in police custody which has no evidentiary value.

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.5,000/- (Rupees Five 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 Jandaha P.S. Case No. 295 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T