Patna High Court – Orders
Rajesh Kumar Singh vs The State Of Bihar on 24 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44864 of 2025
Arising Out of PS. Case No.-559 Year-2022 Thana- TAJPUR District- Samastipur
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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
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Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the State : Ms. Sucheta Yadav, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-07-2025
Heard Mr. Surya Narayan Roy, learned counsel for
the petitioner and Ms. Sucheta Yadav, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Tajpur (Halai) P.S. Case No. 559 of 2022, F.I.R
dated 21.11.2022 registered for the offences punishable under
Sections 272, 273/34 of the IPC and 30(a) of Bihar Prohibition
and Excise Act, 2016.
3. Recovery is of 5220.350 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R is false and fabricated. He further submits that from a
bare perusal of the FIR and seizure list, it appears that nothing
Patna High Court CR. MISC. No.44864 of 2025(2) dt.24-07-2025
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has been recovered from the conscious possession of the
petitioner rather the recovery has been made from the truck in
question. Altogether 5220.350 liters of foreign liquor was
recovered from the truck in question which was standing in the
campus of co-accused Sandeep Kumar Sharma and as per FIR,
petitioner has fled away from the place of occurrence. It is
further submitted that the name of the petitioner has been
transpired during the investigation on the basis of secret
information. There is non-compliance with mandatory
procedure prescribed for recovery under Section 100 of Cr.P.C /
Section 103 of Bhartiya Nagarik Suraksha Sanhita. No case,
whatsoever, would be made out against the petitioner under the
Bihar Prohibition and Excise Act.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for anticipatory bail of
the petitioner referring the provision contained in Section 76(2)
of the Bihar Prohibition and Excise Act and submitted that the
pre-arrest bail would not be maintainable. He further submits
that the petitioner carries two more cases of similar nature other
than the present one.
6. This court is aware of the decision of the Full
Bench in the case of Ram Vinay Yadav vs. State of Bihar
Patna High Court CR. MISC. No.44864 of 2025(2) dt.24-07-2025
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reported in 2019(2) P.L.J.R. 1089. Having regard to the law
laid down in the aforesaid judgment and the submission
advanced on behalf of the parties, this Court, for the limited
purpose of grant of anticipatory bail, is inclined to accept the
submission of counsel for the petitioner.
7. Considering the aforesaid facts, nothing has
been recovered from conscious possession of the petitioner
rather recovery has been made from the truck in question and
name of the petitioner has been transpired during investigation
on the basis of secret information, 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 bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Judge, Excise-II,
Samastipur in connection with Tajpur (Halai) P.S. Case No. 559
of 2022, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
i. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.44864 of 2025(2) dt.24-07-2025
4/4court and shall remain physically present as directed by the
court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the Court
below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
priyanka/-
U T