Sanam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15918 of 2025 Arising Out of PS. Case No.-244 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Sanam Kumar Singh S/O Ashanarayan Singh @ Aashnarayan Singh Resident of Village- Patti Jasauli, Police Station- Kotwa, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Cr. Misc. Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Kalyanpur P.S. Case No. 244 of 2024, dated 28.07.2024, lodged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 16.75 litres of illicit wine and 18 litres of illicit beer have been made, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.15918 of 2025(2) dt.02-04-2025 2/2 further submits that nothing has been recovered from the possession of the petitioner. Counsel further submits that the petitioner's name has been figured in this case by virtue of confessional statement of one co-accused, namely, Mukesh Kumar. Counsel also submits that the criminal antecedent of the petitioner is clean.

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

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 Trial Court 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- 3, East Champaran at Motihari, in connection with Kalyanpur P.S. Case No. 244 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T