Ram Raghavendra Kumar Singh @ Raghuv Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.875 of 2022 Arising Out of PS. Case No.-422 Year-2021 Thana- BUXAR District- Buxar ====================================================== RAM RAGHAVENDRA KUMAR SINGH @ RAGHUV SINGH Son of Satya Narayan Singh Resident of Mohalla- Musafirganj (Gajadharganj) (Busar), P.S.- Buxar (Town), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-07-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks. In the eventuality of non-removal of defects within the stipulated period, office will place the matter before the Bench.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise (Amended) Act 2018.

Altogether 129.600 liters of illicit liquor is said to have been recovered from a Tempo and the driver was apprehended on the spot, who disclosed that the said tempo belongs to the petitioner.

Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.875 of 2022(2) dt.01-07-2022 2/3 is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Although the petitioner is the driver of the said tempo but he had no knowledge about the type of business done by his driver in his absence. The same was given on lease to ride the passenger. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee, Patna bearing Account No.1413010060836, IFSC PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.875 of 2022(2) dt.01-07-2022 3/3 Court below, where the case is pending/Successor court, in connection with Buxar (Town) P.S. Case No.422 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, as also the following conditions. (1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00/- (Rupees Twenty Thousand) in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) pallavi/-shikha/- U T