Raju Singh @ Rajesh Kumar @ Raju Haseena @ Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48277 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- BIHRA District- Saharsa ====================================================== RAJU SINGH @ RAJESH KUMAR @ RAJU HASEENA @ RAJESH KUMAR SINGH SON OF KRISHNA DEV SINGH @ SHARDANAND SINGH RESIDENT OF PANCHGACHHIYA, PATORI, P.S. -BIHRA, DISTRICT- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

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 offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2012.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 5636.880 litres of liquor from a truck.

5. Learned counsel for the petitioner submits 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 confessional statement of co-accused

Patna High Court CR. MISC. No.48277 of 2023(2) dt.28-07-2023 2/2 Rajesh Kumar and Ram Kumar in police custody which does not have any evidentiary value in the eye of law. It is further submitted that petitioner is not the owner of the seized vehicle and came to be implicated at the instance of the police in order to save the real culprits through Rajesh Kumar and Ram Kumar.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihra P.S. Case No. 253 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T