Sushil Singh @ Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5973 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Sushil Singh @ Sushil Kumar Singh Son of Krishna Singh @ Krishnandan Prasad Singh Resident of village - Manika, Ps- Mushari Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 518 of 2024 registered for the offences punishable under Sections 274, 275, 61(2), 3(5) of B.N.S. and 30(a), 32(1), 32(2), 36, 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 1651.68 litres of foreign liquor was recovered from truck and scorpio. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.5973 of 2025(2) dt.31-01-2025 2/2 possession of the petitioner. It is submitted that petitioner is neither the owner nor the driver of the seized vehicles. The petitioner has two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other coaccused has been granted anticipatory bail passed by this Court vide order dated 20.12.2024 in Cr. Misc. No. 86946 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sakra P.S. Case No. 518 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T