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Patna High CourtCR. MISC./46920/2022bail granted

Rajeev Kumar v. The State Of Bihar

2022-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46920 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== RAJEEV KUMAR Son of Kailash Singh @ Bhuttu Resident of Village - Sahdullahpur, P.S.- Ganga Bridge, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2022 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 414 and 34 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 4605.84 litre of liquor from a truck, Bolero vehicle and four pick-up vans.

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 petitioner is neither the owner nor the driver of any of the vehicles from which the alleged recovery was made,

Patna High Court CR. MISC. No.46920 of 2022(2) dt.06-09-2022 2/2 it is next submitted that petitioner came to be implicated based on secret information which is the easiest way to implicate a person in order to save the real culprits, it is also submitted that since petitioner has antecedent as such police implicated him. 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. 25,000/- (Rupees Twenty-Five Thousand) 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 Rajapakar P.S. Case No. 208 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T