Awtesh Kumar Singh @ Abhitesh Kumar Singh @ Abhishek Kumar Singh@ Abhitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25291 of 2025 Arising Out of PS. Case No.-507 Year-2024 Thana- GORAUL District- Vaishali ====================================================== AWTESH KUMAR SINGH @ ABHITESH KUMAR SINGH @ ABHISHEK KUMAR SINGH@ ABHITESH KUMAR Son of Shyam Singh Resident of Village - Baksama, Hasmi Chowk Majiya, Police Station - Goraul (Katahara), District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-04-2025 Heard Mr. Sarvesh Kashyap, learned counsel for the petitioner and Mr. Tarkeshwar Nath Tahakur, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Goraul P.S. Case No. 507 of 2024, F.I.R dated 16.12.2024 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Recovery is of 25 liters of country made liquor.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated. He further submits that it appears from the F.I.R that nothing has been recovered from the conscious possession
2/4 of the petitioner rather the recovery has been made from the under construction house of the petitioner and altogether 25 litres of illegal country made liquro was recovered. The name of the petitioner has been transpired on the basis of the disclosure made by the local chowkidar, who stated that the petitioner was fled away from the place of occurrence.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable and submits that the petitioner is named in the F.I.R and apart from that the petitioner carries seven criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matters.
6. This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.
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7. Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioner and the name of the petitioner has been transpired on the basis of the disclosure made by the local chowkidar, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Goraul P.S. Case No.
507 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii.
4/4 for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T