Raj Kumar Singh @ Raj Kumar @ Chote v. The State Of Bihar

====================================================== Appearance : Mr.Madhukar Anand For the Petitioner/s : For the Opposite Party/s : Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 27-07-2023

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 467, 468, 420, 120(B) of the I.P.C. and Sections 30(a) (b), 32(2)(3), 36, 41(i)(ii), 56 and 62 of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the allegation is of recovery of 7747.74 litres of liquor from the warehouse of the petitioner and from a Santro car.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that warehouse is in the name of his wife, the same was given Patna High Court CR. MISC. No.48020 of 2023(2) dt.27-07-2023 on rent to one Puskar Kumar @ Suddu, as such, the petitioner was not aware that the tenant would misuse the premises in the manner as alleged in the F.I.R. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is further submitted that the co- accused Chandani Devi and Rekha Devi have been granted privilege of anticipatory bail by order dated 16.05.2023 in Cr. Misc. No.25922 of 2023. The learned counsel submits that prior to this case, no case under the Excise Act was instituted against the petitioner, though there were four antecedents against the petitioner.

Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Danapur, Patna in connection with Bikram P. S. Case No.549 of 2022, subject to the conditions laid down under Section 438(2) of the Patna High Court CR. MISC. No.48020 of 2023(2) dt.27-07-2023 Cr.P.C.