Rahul Singh @ Yuraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67447 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- PATAHI District- East Champaran ====================================================== Rahul Singh @ Yuraj Kumar S/o Pappu Singh @ Pappu Kumar Singh R/o Village- Nonfarwa, P.S.- Patahi, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Patahi P.S. Case no. 96 of 2021 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 29.180 ML of I.M.F.L., from the fodder house of Pappu Singh. One person was apprehended from the spot who disclosed his name as Abhishek Singh.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.67447 of 2022(2) dt.09-12-2022 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern either with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Patahi P.S. Case no. 96 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.67447 of 2022(2) dt.09-12-2022 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No.2, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T