Bideshi Singh @ Videshi Singh @ Bidesi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33714 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== Bideshi Singh @ Videshi Singh @ Bidesi Singh S/o Late Ram Sharan Singh R/o Village- Ratanpura, P.S.- Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Advocate Mrs. Sambhavi, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025

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

2. A prayer for bail has been made on behalf of the petitioner in connection with Gopalpur P.S. Case no.52 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on seeing police personnel five accused who carried gunny bags on their head tried to mange to escape but two of them were apprehended at the spot who disclosed their names as Rahul Kumar and Bidesi Singh (petitioner). On search, a total of 117.600 liters of country made liquor is said to have been recovered from the gunny bags which had been thrown by the accused.

4. Learned counsel for the petitioner submits that no

Patna High Court CR. MISC. No.33714 of 2025(2) dt.27-05-2025 2/2 recovery has been made from physical or conscious possession of the petitioner and rather the alleged recovery was made from the sacks which were thrown by the accused on the ground and hence, no liability can be fixed upon the petitioner with regard to the said recovery. He further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioner has one criminal antecedent, however he is on bail on the said case. He is in custody since 05.03.2025 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. Taking into consideration the above mentioned facts of the case, the petitioner is directed to be enlarged on bail in connection with Gopalpur P.S. Case no.52 of 2025 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 Addl. District and Sessions Judge-IV-cum-Exclusive Special Excise Court No.2, Gopalganj.

(Soni Shrivastava, J) Harsh/- U T