Vivek Kumar Singh @ Vivek Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45415 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- HATHUA District- Gopalganj ====================================================== Vivek Kumar Singh @ Vivek singh S/o Vivek Singh Resident of vill-Sagra, P.S- Nautan Distt- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Kumari Anupam, Advocate For the State :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 270 litres illicit country made liquor was recovered from the seized vehicle.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the vehicles in question. No incriminating article has been recovered from conscious possession of this petitioner and has been made an accused in this case merely on suspicion. Petitioner has got one criminal antecedent of similar nature in which he is already on bail.
Patna High Court CR. MISC. No.45415 of 2025(2) dt.16-07-2025 2/2
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the nature of accusation and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-XIII-cum-Spl. Judge, Excise Court I, Gopalganj in connection with Hathua P.S. Case No. 69 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T