Sushil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34666 of 2025 Arising Out of PS. Case No.-318 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Sushil Kumar Singh S/O Suresh Singh Resident of Village- A13, Weslen Colony, Near Shanti Niketan, P.S- Chankayapuri, Distt.- New Delhi, 110021. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ugranath Mallik, Adv.
For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 318 of 2024 for the offence registered under sections 30(a) of Bihar Prohibition and Excise Act, 2022.
3. As per the prosecution story, the informant alleged that upon intercepting four wheeler and a two wheeler, there is recovery/seizure of 90 liter and 30 liter Nepali liquor respectively. This led to the FIR.
4. Learned Counsel for the petitioner submits that he resides in Delhi, has no criminal antecedent, though the car earlier belonged to him, was sold to one Md. Arshad but since he failed to transfer the registration, got implicated. The last submission is
Patna High Court CR. MISC. No.34666 of 2025(2) dt.22-05-2025 2/3 that without accepting the allegation and/or the outcome of the present case, he intends to contribute Rs. 15,000/- to the District Legal Services Authority, Darbhanga for installation of sanitary vending machine for the Civil Court Campus of Darbhanga Judgeship through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the vehicle belongs to him.
6. Considering the submissions aforesaid as also the fact that the petitioner has no criminal antecedent, in that background, this Court is inclined to grant him the anticipatory bail with conditions subject to payment of Rs.15,000/- to the District Legal Services Authority, Darbhanga for the installation of sanitory vending machine in the Civil Court Campus of Darbhanga Judgeship through Demand Draft issued by the local branch of the State Bank of India.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-1, Darbhanga in connection with Bahadurpur P.S. Case No. 318 of
Patna High Court CR. MISC. No.34666 of 2025(2) dt.22-05-2025 3/3 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. Let a copy of the order be communicated to the learned Principal District Judge, Madhubani for her perusal and needful. (Rajiv Roy, J) Vijay Singh/- U T