Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4657 of 2021 Arising Out of PS. Case No.-227 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Rahul Kumar Son Of Vinod Mahto Resident Of Village - Khoksa, Ward No 16, P.S. - Bibhutipur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Ms. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 133.20 litres of Indian

Patna High Court CR. MISC. No.4657 of 2021(7) dt.28-01-2022 2/3 made foreign liquor from a Maruti Swift Car. The petitioner is alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious possession of the petitioner and only on the confession of the apprehended accused person, the petitioner has been roped in the present case. The petitioner has no concern either with the apprehended accused person or the contraband or the seized car. A statement to that effect has been made in para 3 of the supplementary affidavit filed on behalf of the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the aforestated facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.4657 of 2021(7) dt.28-01-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cumSpecial Judge, Excise Act, Samastipur in connection with Excise Case No. 227 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T