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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58041 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== Rahul Kumar Singh @ Rahul Singh Son of Rajendra Singh Resident of Village- Kuwari madan Pancho, P.S. Majorganj, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2022 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, 420, 467, 468, 489(D) and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has antecedent of five cases out of which four cases are under Excise Act, it is next submitted that the informant alleges that he received secret information that smugglers have assembled at Kanhayi Singh's place with fake Nepali currency notes etc., accordingly he reached the place of occurrence where Sushil and Md. Aftab Alam were apprehended who disclosed that the petitioner fled, it is next alleged that on search fake Nepali currency (ten bundles of one thousand) along with

Patna High Court CR. MISC. No.58041 of 2022(2) dt.14-11-2022 2/3 motorcycle and other articles, as detailed in the FIR were recovered, further even the motorcycle was stolen. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is also submitted that confessional statement in police custody which does have any evidentiary value. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the investigation is going on.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kanhauli P.S. Case No. 107 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailors shall be his father 'Rajendra

Patna High Court CR. MISC. No.58041 of 2022(2) dt.14-11-2022 3/3 Singh'.

Further, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner after being released on anticipatory bail is not cooperating in the investigation, then the learned trial court shall forthwith cancel his bail bonds after recording reason, as it has been submitted that petitioner will co-operate with the police during the course of investigation.

(Satyavrat Verma, J) Shivam/- U T