Rajeev Kumar Singh @ Chotu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52079 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- KARPURIGRAM District- Samastipur ====================================================== Rajeev Kumar Singh @ Chotu Singh S/o Awadhesh Singh @ Awadhesh Kumar Singh @ Avadhesh Kumar Singh R/o vill - Shambhupatti, P.S. - Karpurigram, Distt. - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32, 36, 41 of the Bihar Prohibition and Excise Act in connection with Karpurigram P.S. Case No.31of 2024.
3. The learned counsel for the petitioner submits that during pendency of the instant case the petitioner came to be implicated in one more case, as such now the criminal antecedent of the petitioner is of twelve cases and allegation is of recovery of 3372.84 liters of liquor from a truck.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized truck and he came
Patna High Court CR. MISC. No.52079 of 2024(2) dt.01-08-2024 2/3 to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that once a person is implicated in a case relating to excise, thereafter the police starts mechanically as the petitioner has been implicated in eleven cases. It is also submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner, taking advantage of his antecedents.
5. The learned APP for the State opposes the anticipatory bail application.
6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.60,000/- (Rupees Sixty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Samastipur in connection with Karpurigram P.S. Case No.31of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.52079 of 2024(2) dt.01-08-2024 3/3 found that petitioner has antecedent of more than twelve cases, in that event, the present anticipatory bail order shall not be given effect.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T