Rajan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74879 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Rajan Singh S/o- Pradip Singh Resident of Chichri Kanungo PS- Rajnagar District- Madhubani 2.

Vikky Kumar @ Vikky Kumar Kapri S/o- Vinod Kapri Resident of Machhatta Chowk, PS- Rajnagar District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-11-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Rajnagar P.S. Case no. 310 of 2024 registered under sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, a total of 42 litres of liquor was recovered by the side of the road. It is further stated that on secret information, it transpired that the liquor belonged to the two petitioners herein.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case because of

Patna High Court CR. MISC. No.74879 of 2024(2) dt.12-11-2024 2/2 their antecedent. No incriminating article has been recovered from their possession. They have no concern with the seized article or with the place of seizure. The petitioners undertake to cooperate in the case.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R and the petitioners not having any concern with the alleged place of recovery of the liquor, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rajnagar P.S. Case no. 310 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani. (Partha Sarthy, J) Shiv/- U T