Shivanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15955 of 2025 Arising Out of PS. Case No.-316 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== Shivanand Singh S/O Mahendra Narayan Singh R/O Village- Mow Dhaneshpur Uttar, P.S- Vidyapati Nagar, Distt.- Samastipur, State- Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Krishna Nishant, Adv.

For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Dalsinghsarai P.S. Case No.316 of 2019, for the offence punishable under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution, the total recovery of 1 litre of mahua liquor has been alleged to be made from a motorcycle, 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 also submits that petitioner was not present on the spot and his name has been transpired only due to the reason that he is owner of the said motorcycle. Counsel further submits that criminal antecedent of the petitioner is not clean. There is one criminal

Patna High Court CR. MISC. No.15955 of 2025(2) dt.02-04-2025 2/2 case pending against the petitioner rather than the excise matter. He further submits that the petitioner has sold his motorcycle to other person, but the purchaser has not transferred the said motorcycle in his name.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean. There is one case pending against him which is not relating to excise matter.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted 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) each with two sureties of the like amount each to the satisfaction of Exclusive Special Excise-1st, Samastipur in connection with Dalsinghsarai P.S. Case No.316 of 2019, subject to the following conditions as laid down under Section 438(2) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T