Anand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23868 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- KALUAHI District- Madhubani ====================================================== Anand Kumar Singh S/o Late Pradip Kumar Singh @ Late Pradip Singh Resident of Village- Narar West , P.S.- Kaluahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kaluahi P.S. Case No. 09 of 2025 corresponding to G.R. No. 92 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 21 litre illicit liquor was recovered from the sack which was kept adjacent to the wall of under constructed house of the petitioner.

4. Learned counsel for the petitioner submits that from perusal of seizure list, it appears that the alleged recovery has been made from the sack which was kept adjacent to the wall of the under constructed house of the petitioner and he

Patna High Court CR. MISC. No.23868 of 2025(2) dt.06-05-2025 2/3 cannot be liable for the alleged recovery. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner has nothing to do with the alleged recovery. Petitioner was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II cum Special Judge, Excise Act, Madhubani in

Patna High Court CR. MISC. No.23868 of 2025(2) dt.06-05-2025 3/3 connection with Kaluahi P.S. Case No. 09 of 2025 corresponding to G.R. No. 92 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T