Saroj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26662 of 2025 Arising Out of PS. Case No.-477 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Saroj Kumar Singh, aged about 22 years, Male, S/o Late Akshay Lal Singh, R/o village- Asni, P.S.- Udwantnagar, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Udwantnagar PS Case No.477 of 2024 dated 24.10.2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. The allegation is of recovery of 90 litres countrymade liquor from the bush situated near Banas river.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Petitioner has been made accused only on the basis of suspicion and secret information. The recovery has been made from the an open place accessible to all. Lastly, it is
Patna High Court CR. MISC. No.26662 of 2025(2) dt.07-05-2025 2/3 submitted that petitioner has one criminal antecedents of similar nature.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No. II, Bhojpur at Ara, in Udwantnagar PS Case No.
Patna High Court CR. MISC. No.26662 of 2025(2) dt.07-05-2025 3/3 court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T