Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77261 of 2024 Arising Out of PS. Case No.-470 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Rahul Singh Son of Late Ganga Sagar Singh Resident Of Village -Pipra, Ps -Darauli, Dist- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar bihar 2.

The Stae Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-11-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Siwan Excise P.S. Case No. 470 of 2024 dated 03.08.2024 registered under Sections 30(a) and 32(3) of the Bihar Prohibition And Excise Act, 2016 (Amended, 2022).

3. As per the first information report on 03.08.2024 the Police party got an information that petitioner along with other accused person is transporting illicit liquor through a pick-up van having Registration No. BR28GA8945. The vehicle was being driven by Guddu Yadav and the co-driver is Bhola Yadav. Upon this information, the Police reached near the place of

Patna High Court CR. MISC. No.77261 of 2024(2) dt.21-11-2024 2/3 occurrence and upon seeing the Police party two persons started fleeing away after leaving the pick-up van and succeeded in the same. Police recovered a total quantity of 622.080 liters of foreign liquor from the said vehicle.

4. Learned counsel for the petitioner submits that petitioner has only been made accused on the basis of secret information by the Police. The petitioner is having no criminal antecedent. The pick-up van does not belong to the petitioner and the petitioner is not the owner of the seized vehicle and the liquor.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is not the owner of the vehicle, illicit liquor has not been recovered from the vehicle belonging to him and the petitioner is having no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise, Court No. II, Siwan in connection with Siwan Excise P.S. Case No. 470 of 2024

Patna High Court CR. MISC. No.77261 of 2024(2) dt.21-11-2024 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T