Sushil Singh @ Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33164 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- RATWARA District- Madhepura ====================================================== Sushil Singh @ Sushil Kumar S/O Rajo Singh R/O Vill.- Khapur Ward no. 14, P.s.- Ratwara, Dist.- Madhepura.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Aniket Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Tatwara P.S. Case No. 02 of 2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to have in possession of 160 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from the cottage of one Rinku Singh, with which petitioner was not connected in any manner. It is submitted

Patna High Court CR. MISC. No.33164 of 2025(2) dt.19-05-2025 2/3 that merely on the basis of disclosure made by local person/chowkidar, the name of petitioner transpired with the present case. It is submitted that petitioner found involved in one more criminal case of similar nature, in which, he is on bail.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of this petitioner, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge, Excise-II, Madhepura, in connection with Tatwara P.S. Case No. 02 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."), and further

Patna High Court CR. MISC. No.33164 of 2025(2) dt.19-05-2025 3/3 condition:

(i) That petitioner shall not indulge in similar nature of case till the conclusion of trial, failing which the prosecution/State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(Chandra Shekhar Jha, J) Rajeev/- U T