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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69041 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- MAHUA District- Vaishali ====================================================== RAHUL SINGH @ RAHUL KUMAR SINGH S/o Ratnesh Prasad Singh @ Ratnesh Kumar Singh R/v- Madhopur Nijhama, P.S.- Mahua, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 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 414 of the Indian Penal Code and Sections 30(a), 32(ii), 38(ii) and 41(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 1593.705 liters of liquor from a truck and a pick-up van. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated because of his antecedents at the instance of Chowkidar with whom he is on an inimical term, it is also submitted that petitioner is neither the owner nor the driver of the

Patna High Court CR. MISC. No.69041 of 2022(2) dt.19-12-2022 2/2 alleged truck and pickup van.

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. 25,000/- (Rupees Twenty Five 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 Mahua P.S. Case No. 502 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event, if it is found that petitioner has more than six criminal antecedents then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) GauravSinha/- U T