Rohit Singh @ Rohit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48112 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Rohit Singh @ Rohit Kumar Singh Son of Lalbahadur Singh R/O Vill.- Kako, P.S.- Bhairavasthan, District- Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha For the Opposite Party/s :
Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2024
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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and allegation is of recovery of 30.305 litres of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.48112 of 2024(2) dt.11-07-2024 2/3 implicated. It is also submitted that earlier also the petitioner came to be implicated in a mechanical manner in cases relating to excise. It is next submitted that the petitioner was completely unaware that his friend would misuse his vehicle in the manner as alleged.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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.20,000/- (Rupees twenty 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 G.R. No.366/2024, arising out of Bhairavsthan P.S. Case No.48/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than four cases, in
Patna High Court CR. MISC. No.48112 of 2024(2) dt.11-07-2024 3/3 that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T