Aditya Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18385 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- PANDAUL District- Madhubani ====================================================== Aditya Kumar Singh S/o- Bhola Singh, Resident of Village- Batlohia P.S.- Pandaul, Dist- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Pandaul P.S. Case No.15 of 2025 corresponding to G.R. No.80 of 2025 instituted under Sections 30(a), 36, 38(1), 41(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 5000.4 litre illicit foreign liquor from the Truck bearing Registration No. PB-65BA-3859. The allegation against the petitioner is that he alongwith co-accused were riding on the motorcycle and were escorting the seized truck.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that no

Patna High Court CR. MISC. No.18385 of 2025(4) dt.16-09-2025 2/3 incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is neither owner nor driver of the seized vehicle and he has no concern with the alleged seized liquor. He further submits that similarly situated co-accused person, namely, Prahlad Kumar Singh @ Pramod Singh had already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 18.07.2025 passed in Cr. Misc. No.23570 of 2025. Learned counsel submits that petitioner has one criminal antecedent of Excise Act, in which he is on bail and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions JudgeII-cum-Special Judge (Excise Act), Madhubani/ concerned Court in connection with Pandaul P.S. Case No.15 of 2025

Patna High Court CR. MISC. No.18385 of 2025(4) dt.16-09-2025 3/3 corresponding to G.R. No.80 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further following conditions:- (i) The petitioner is directed to remain physically present before the learned Trial Court on each and every date and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the learned Trial Court.

(Sunil Dutta Mishra, J) Ritik/- U T