Chotu Singh @ Ankit Bhargav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8366 of 2025 Arising Out of PS. Case No.-320 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Chotu Singh @ Ankit Bhargav Son of Ram Pravesh Singh Resident of village- Shambhupatti P.S -Karpurigram, Dist- Samastipur.... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Excise P.S. Case No. 320 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 283.320 litres of IMFL/country made liquor from the Banana field.

4. Learned counsel appearing on behalf of the petitioner submitted that alleged illicit liquor appears to be recovered from the Banana field of one co-accused Arvind Kumar and on the basis of his disclosure, name of this petitioner surfaced in this case, without having any connecting material. It is submitted that admittedly recovery of illicit liquor was not made from the physical

Patna High Court CR. MISC. No.8366 of 2025(2) dt.06-03-2025 2/2 possession of this petitioner. It is submitted that petitioner found involved in one more criminal case, which is not of similar nature, where petitioner is on bail.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the physical possession of this petitioner, rather from an open place, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise)-02, Samastipur/concerned Court, where the case is pending in connection with Excise P.S. Case No. 320 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T