Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44896 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- BARAUNI District- Begusarai ====================================================== 1.
Rajnish Kumar S/o Dinesh Thakur Residence of village Musapur P.S Samastipur Distt Samastipur 2.
Birju Kumar S/o Shambhu Sah Residence of village Musapur P.S Samastipur Distt Samastipur 3.
Suraj Kumar S/o Shambhu Sah Residence of village Musapur P.S Samastipur Distt Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar For the Opposite Party/s :
Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 32(2), 32(3), 36, 41(i) and 41(2) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 1656 liters of beer from a Bolero vehicle.
4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not the owner of the seized vehicle and they came to be implicated based on the confessional statement of Ram Kumar Rai in police custody which does not have any evidentiary value. It is also submitted that the mobile numbers as detailed in the FIR does not belong to the
Patna High Court CR. MISC. No.44896 of 2024(2) dt.02-07-2024 2/2 petitioners.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each 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 Barauni P.S. Case No. 162 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of more than one case in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) Rishabh/- U T