Nandan Singh @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41691 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- RAHIKA District- Madhubani ====================================================== 1.

Nandan Singh @ Chhotu S/O Devendra Singh Resident of village- Mithauli, Ward No 01, PS- Rahika, Dist- Madhubani 2.

Golu Singh @ Moksha Kumar Singh S/O Late Balram Singh Resident of village- Mithauli, Ward No 01, PS- Rahika, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners apprehend their 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, 35 litres of illicit liquor was recovered from a field.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of these petitioners and they have falsely been implicated in this case merely on suspicion. The alleged illicit liquor has been recovered from an

Patna High Court CR. MISC. No.41691 of 2025(2) dt.02-07-2025 2/2 open place, which is accessible to one and all. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of these petitioners and clean antecedents, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 District and Additional Sessions Judge-2 cum Special Judge, Excise Act, Madhubani in connection with Rahika P.S. Case No. 76 of 2025 arising out of G.R. No. 469 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) Neha/- U T