Digvijay Singh @ Digvijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9985 of 2025 Arising Out of PS. Case No.-229 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Digvijay Singh @ Digvijay Rai Son of Late Prabhunath Singh @ Prabhu Nath Ray Resident of Village - Rajpur Banwa Tola, P.S. - Shripur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rishi Sinha, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Shripur P.S. Case no.229 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, seeing the police personnel, it is stated that the petitioner, who was subsequently identified by the Choukidar, managed to escape. On search, 18.4 litres of liquor was recovered from the husk of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered either from his possession or as alleged in the FIR. The alleged place of

Patna High Court CR. MISC. No.9985 of 2025(2) dt.21-03-2025 2/2 recovery cannot be stated to be under the exclusive control of the petitioner. The petitioner has no antecedent under the Bihar Prohibition and Excise Act, 2016.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not having been arrested at the spot and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Shripur P.S. Case no.229 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge XIII-cum-Special Excise Court no.1, Gopalganj. (Partha Sarthy, J) Saurabh/- U T