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Patna High CourtCR. MISC./39183/2025allowed

Bibhishan Kumar @ Rahul @ Bibhisan Kumar Singh v. The State Of Bihar

2025-07-01Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39183 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- BHELDI District- Saran ====================================================== Bibhishan Kumar @ Rahul @ Bibhisan Kumar Singh S/o Late Rajbalam Singh @ Balam Singh R/o Village- Pachrukhi, P.S.- Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Anant Kumar 1, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bheldi P.S. Case No. 81 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a scooty, altogether 30 liters of country made liquor was recovered. The name of this petitioner has surfaced in this case because he is owner of the scooty.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has further submitted that his co-villager has taken his Scooty on an urgent

Patna High Court CR. MISC. No.39183 of 2025(2) dt.01-07-2025 2/2 call. Petitioner has got no information regarding the seizure. Nothing has been recovered from the physical possession of this petitioner.

5. In contra, learned APP appearing for the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner has got one criminal antecedent of similar nature.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bheldi P.S. Case No. 81 of 2025, he will 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 learned Additional Sessions Judge-cum-Exclusive Special Court Excise Act-1, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Shubham/- U T