Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38817 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- Pahelja P.S. District- Saran ====================================================== Rajesh Kumar Singh S/O Ravindra Singh R/O Vill.- Bharpura, P.s.- Sonepur, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 7.5 litres Indian Made Foreign Liquor from a Wagon R car, bearing Reg. No. BR-01HB-2897.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He

Patna High Court CR. MISC. No.38817 of 2025(2) dt.27-06-2025 2/3 has no concern with the alleged recovery or with the vehicle in question. The name of petitioner sprang up in this case on the disclosure of co-accused who was apprehended by the police. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Proper procedure of search and seizure has not been followed in this case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in

Patna High Court CR. MISC. No.38817 of 2025(2) dt.27-06-2025 3/3 connection with Pahleja P.S. Case no. 27 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge II, Saran at Chapra, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Nirajkrs/- U T