Anand Kumar Singh @ Aanand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30236 of 2025 Arising Out of PS. Case No.-155 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Anand Kumar Singh @ Aanand Kumar Singh Son of Late Vijay Kumar Singh Resident of village -House no 115/ D, Patliputra colony, police station -Patliputra District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-07-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Gangabridge P.S. Case no.155 of 2023 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. A perusal of F.I.R and seizure list would show 120 liters of country made liquor was recovered from a Maruti Van bearing Registration No. BR1X9295. One accused Vijay Kumar was arrested at the spot.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The cause of his false implication is only for the reason that he happens to be the registered owner of the seized Van. No recovery has been made from the physical or conscious possession of the petitioner. It has further been stated in paragraph 8 of the

Patna High Court CR. MISC. No.30236 of 2025(3) dt.14-07-2025 2/2 petition that petitioner had earlier sold his motorcycle to one Md. Hasumidin Ahmed and a copy of sale letter has been annexed as Annexure-P/2 to the petition. There is no independent witness to the seizure list and hence, mandatory provisions of search and seizure have been violated. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Gangabridge P.S. Case no.155 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T