Ashok Singh @ Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39167 of 2026 Arising Out of PS. Case No.-60 Year-2006 Thana- RASULPUR District- Saran ====================================================== Ashok Singh @ Ashok Kumar Singh, Son of Late Dharmnath Singh, Resident of Village-Jalalpur, P.S.- Duraundha, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Rasulpur P.S. Case No.60 of 2006 registered under Sections 272 and 273 of the Indian Penal Code and Section 47(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 10,900 liters of IMFL/country-made liquor from tanker.

4. It is submitted by learned counsel appearing for the petitioner that the name of petitioner transpired on the

Patna High Court CR. MISC. No.39167 of 2026(2) dt.18-06-2026 2/3 basis of disclosure made by apprehended co-accused Md. Akbar. It is submitted that petitioner is neither connected with tanker nor with illicit liquor in any manners and as such save and except suspicion arising out of disclosure made by apprehended co-accused, nothing further incriminating appears against this petitioner. It is submitted that admittedly the recovery of illicit liquor was not made from conscious physical possession of the petitioner. Explaining criminal antecedent, it is submitted that the petitioner found involved in one more criminal case but of different nature, where he is on bail.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.39167 of 2026(2) dt.18-06-2026 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Rasulpur P.S. Case No.60 of 2006, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T