Dewakar Singh @ Vivek Singh @ Diwakar Singh @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3117 of 2025 Arising Out of PS. Case No.-345 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== Dewakar Singh @ Vivek Singh @ Diwakar Singh @ Vivek Kumar S/o Fulgend Singh R/o Vill.- Fanda, Ps.- Paru, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Paroo P.S. Case No. 345 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that the petitioner and others were unloading the illegal liquor from a truck and from that truck altogether 4692.705 liters of foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No one was apprehended at the place of occurrence. Local Chowkidar and villagers disclosed the name of this petitioner. It is further submitted by learned counsel for the petitioner that petitioner has

Patna High Court CR. MISC. No.3117 of 2025(2) dt.24-01-2025 2/2 no concern either with the alleged vehicle or with recovered liquor. Nothing has been recovered from the conscious possession of this petitioner. Similarly situated other co-accused person has already been granted regular bail by this Court vide order dated 13.12.2024 in Cr. Misc. No. 85998 of 2024.

5. In contra, learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Paroo P.S. Case No. 345 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.-II, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T