Sumit Kumar Singh @ Sumit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11767 of 2025 Arising Out of PS. Case No.-256 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Sumit Kumar Singh @ Sumit Singh Son of Rajkishor Ray @ Raj Kishore Singh Resident of Village- Luhasi, P.S.- Bhorey, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Prasad Bhakta For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bhore Police Station Case No. 256 of 2024, dated 19.10.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that the police, during patrolling, saw two persons coming on a motorcycle carrying some articles and on seeing the police, they fled away leaving behind the motorcycle and articles, who were identified by the covillagers as the petitioner and co-accused Sahil Yadav. On search, the police recovered 38.8 litres of Bunti Babli country made liquor from a plastic bag tied with rubber
Patna High Court CR. MISC. No.11767 of 2025(2) dt.07-04-2025 2/3 on the motorcycle, in question.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the covillagers, having inimical terms. He further submits that the petitioner has got no concern with the seized motorcycle and the recovered illicit liquor inasmuch as the petitioner is not the registered owner of the motorcycle in question and no illicit liquor has been recovered from his conscious possession and/or vehicle owned by him.
5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner is not the owner of the seized motorcycle and his name transpired in this case by the co-villagers, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.11767 of 2025(2) dt.07-04-2025 3/3 amount each to the satisfaction of learned Exclusive Special Excise Court No. I, Gopalganj, in connection with Bhore Police Station Case No. 256 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √