Vicky Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31850 of 2025 Arising Out of PS. Case No.-622 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Vicky Singh, S/o Kishori Singh @ Kishori Kuwar, R/o Village- Lakhansen, P.S.- Rajepur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Sahebganj P.S. Case No. 622 of 2024, registered for the alleged offence under Section 30 (a) of Bihar Prohibition and Excise Act, 2022.

3. As per prosecution case, two co-accused persons were apprehended from a Bolero vehicle on getting information about smuggling of illicit liquor. From the vehicle, 16.5 liters of India made foreign liquor was recovered. The apprehended coaccused persons disclosed the name of the petitioner who sold them the liquor for handing it over to Chandra Bhushan Singh.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.31850 of 2025(2) dt.20-05-2025 2/3 case. From bare perusal of the FIR, it is evident that no offence under any of the provisions of Excise Act is made out against the petitioner. No recovery has been shown from this petitioner and except for the confession of co-accused persons, there is no material against the petitioner. The petitioner is having criminal antecedent of six cases of different nature.

5. Learned APP opposes the submission made on behalf of the petitioner. The learned APP submits that name of the petitioner transpired in the confessional statement of coaccused and the petitioner appears to be habitual offender.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from petitioner and further considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. II, Muzaffapur/court concerned, in connection with Sahebganj P.S. Case No. 622 of 2024, subject to the conditions as laid down under Section 482 (2) of BNSS

Patna High Court CR. MISC. No.31850 of 2025(2) dt.20-05-2025 3/3 and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T