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2025 DAILYLAW 55880 (PAT)

Rajesh Kumar Singh v. The State of Bihar

CR. MISC./42573/2025 · 2025-07-21

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42573 of 2025 Arising Out of PS. Case No.-320 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Rajesh Kumar Singh S/o Krishna Singh R/o Village- Medhpur, Singhara, P.S.- Mahua, Distt- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surya Narayan Roy, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 21-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Sarairanjan P.S. Case No. 320 of 2022 for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act. 3. As per the allegation, on the alleged date and time of occurrence, total 18 litres illicit liquor has been recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was not arrested on spot hence, nothing has been recovered from his conscious possession, he has no concerned with the seized truck and motorcycle. Petitioner is neither owner Patna High Court CR. MISC. No.42573 of 2025(2) dt.21-07-2025 2/3 nor driver of the seized vehicle rather his name has been dragged in this case only on the basis of confessional statement of apprehended co-accused person namely, Vinod Sahni. Learned counsel further submits that other co-accused persons namely Ashwani Kumar and Hans Raj Rai have been granted bail by the co-ordinate Bench of this Court. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge (Excise)-02, Samastipur, in connection with Sarairanjan P.S. Case No. 320 of 2022 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. Patna High Court CR. MISC. No.42573 of 2025(2) dt.21-07-2025 3/3 (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T