Kulwant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20751 of 2025 Arising Out of PS. Case No.-10 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== Kulwant Singh Son of Balkara Ram Resident of Village - Burj (146), Fatehabad, P.S.- Sadar Ratiya, Dist.- Fatehabad (Haryana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard the parties 2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Bhaptiyahi P.S. Case No. 10 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 10019.7 litres of IMFL/country made liquor

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner implicated

Patna High Court CR. MISC. No.20751 of 2025(2) dt.23-04-2025 2/3 with present case only being the owner of the truck bearing registration no. HR 62A 5957, which was found involved in transporting of illicit liquor. It is submitted that as consignment was not in the knowledge of the petitioner being owner, therefore it can be safely said that recovery of illicit liquor not appears to be made from his conscious physical possession. While concluding the argument, it is submitted that petitioner found involved in one more criminal case of different nature, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of the fact as, recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, where petitioner implicated only being the owner of the alleged truck, accordingly above-named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.20751 of 2025(2) dt.23-04-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court no. 1, Supaul /concerned Court, where the case is pending in connection with Bhaptiyahi P.S. Case No. 10 of 2022, subject to the conditions as laid down under Section 482(2) of BNSS.

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