Sipahi Singh @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32435 of 2025 Arising Out of PS. Case No.-476 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Sipahi Singh @ Aman Kumar S/o Anirudh Singh R/o Vill.- Sereya Djamgad Toli, P.S.- Paharpur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra, Adv.

For the State :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 30(a)(c), 41(1), 52 of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. The recovery of 130 sacks containing 30 kg black jaggery powder each, has been shown from the house of the petitioner and it has been alleged that the same is used for making liquor.

4. Learned counsel for the petitioner submits that the recovery of black jaggery powder has been made from the house of the petitioner which he had purchased vide an invoice dated 03.03.2025 and other invoices which have been brought on record. It is further submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.32435 of 2025(2) dt.20-05-2025 2/3 the petitioner is in the business of jaggery and hence, he purchased the same from the wholesalers. It is further submitted that even going by the prosecution story in the FIR, the recovery of liquor and mahua solution has been made from other persons and it has only been stated by those accused persons before police that they used to purchase the jaggery from the petitioner and hence, this petitioner cannot be said to be involved in the preparation of liquor. He has no concern either with the seized liquor or any trade of liquor. The further submission is that the petitioner has been languishing in custody since 11.03.2025.

5. Learned APP for the State opposes the prayer for bail submitting that the petitioner has two criminal antecedents and one of them is of similar nature. However, in response to the same, it is submitted on behalf of the petitioner that he is on bail in both the cases.

6.

Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be enlarged on bail 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 in connection with Paharpur P.S. Case

Patna High Court CR. MISC. No.32435 of 2025(2) dt.20-05-2025 3/3 No. 476 of 2024, subject to the condition that the learned Court below would verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the learned Court below shall take step for cancellation of bail bonds of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Soni Shrivastava, J) divyanshi/- U T