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Patna High CourtCR. MISC./88856/2024allowed

Rajiv Solanki @ Rajiv Kumar Singh v. The State Of Bihar

2025-01-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88856 of 2024 Arising Out of PS. Case No.-807 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Rajiv Solanki @ Rajiv Kumar Singh, S/o Arjun Singh, Resident of MohallaSatyendra Nagar, P.S.- Town, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Town P.S. Case No. 807 of 2024 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. As per the prosecution case, there is recovery of 5.22 litre of country made liquor from the motorcycle and the apprehended co-accused Nitish Kumar disclosed the name of the petitioner and states that he has purchased the said liquor from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is neither the owner nor

Patna High Court CR. MISC. No.88856 of 2024(2) dt.08-01-2025 2/2 the driver of the said motorcycle. He has no concern with the seized liquor or motorcycle. Petitioner was not present at the place of occurrence and except the disclosure statement there is no material against the petitioner. Petitioner has one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the investigation of this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Town P.S. Case No. 807 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T