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Patna High CourtCR. MISC./6909/2025bail granted

Hakim Singh v. The State Of Bihar

2025-02-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6909 of 2025 Arising Out of PS. Case No.-18 Year-2024 Thana- Vasudeva District- Buxar ====================================================== Hakim Singh S/o Late Ganesh Singh Resident of Village - Basudeva, Bind Toli, P.S. - Basudeva, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwanand Upadhyay, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Vasudeva P.S. Case No. 18 of 2024, lodged on 02.12.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total recovery of 15 litres of country-made liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.6909 of 2025(2) dt.19-02-2025 2/2 from the petitioner's house 15 liters of country made liquor from the plastic bag has been recovered. He submits that petitioner was not present and he is the neighbour. Counsel submits that the criminal antecedent of the petitioner is clean who is aged about 52 years.

5. Learned APP for the State opposes the prayer for bail.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court No.2, Buxar, in connection with Vasudeva P.S. Case No. 18 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U