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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39331 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- MAHUA District- Vaishali ====================================================== RAHUL KUMAR @ RAHUL KUMAR SINGH Son of Ratnesh Prasad Singh @ Ratnesh Kumar Singh Resident of village - Madhopur Nizma (Nazma), P.S.- Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 32(ii), 38(ii), 41(i) of the Bihar Excise Act Learned counsel for the petitioner submits that the petitioner is a person with ten antecedents and allegation is of recovery of 3964.5 liters of liquor from a truck and a pickup van.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the petitioner came to be implicated at the instance of Chowkidar because of his antecedents, it is also

Patna High Court CR. MISC. No.39331 of 2023(2) dt.27-06-2023 2/2 submitted that it appears that Chowkidar in order to save the real culprits falsely implicated the petitioner because of his antecedents when petitioner is not the owner of the truck and the pickup van, it is next submitted that the petitioner in similar manner has been implicated in all the ten cases. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahua P.S. Case No. 168 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T