Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62030 of 2022 Arising Out of PS. Case No.-208 Year-2022 Thana- RAJAON District- Banka ====================================================== RAHUL KUMAR SINGH Son of Sri Kailash Prasad Singh Resident of village - Panhas, P.S.- Begusarai, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 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 30(a) and 32(2) 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 79.425 liters of liquor from a bus. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession. Learned counsel further submits that petitioner has been falsely implicated in the present case, it is next submitted that he came to be implicated as he is the owner of the bus, it is also submitted that the bus is

Patna High Court CR. MISC. No.62030 of 2022(2) dt.23-11-2022 2/2 being used for commercial purpose, as such, it is not possible for the petitioner or the driver of the vehicle to check each and every luggage when it is loaded on the bus, it is also submitted that no prudent business man would use his own vehicle for committing a crime and thus create evidence against himself. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajaon P.S. Case No. 208 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T