Raushan Kumar @ Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49658 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- SUPPI District- Sitamarhi ====================================================== RAUSHAN KUMAR @ RAUSHAN KUMAR SINGH S/o Kishori Singh R/o village - Gharwara, P.S. Suppi, District - Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Murari, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 9.9 litres liquor from an auto parked in front of the house of one Narendra Singh, 16.8 litres liquor from the bushes situated near boring of one Nagendra Singh and 1.2 litres liquor from possession of co-accused Pawan Mahato and Lakhindra Mahto.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.49658 of 2022(2) dt.20-09-2022 2/2 was recovered from his conscious possession, it is next submitted that the petitioner has been falsely implicated in the present case and his name transpired in the confessional statement of co-accused Pawan Mahato and Lakhindra Mahto which has no evidentiary value. Learned counsel further submits that he has instructions to submit that the auto does not belong to the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 Suppi P.S. Case No. 27 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T