Shivji Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41557 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- Ramdas Rai Ka Dera District- Buxar ====================================================== Shivji singh S/O Late Ram Kailash Singh R/O Village- Krishnabraham, Ward No. 4, P.O- Tundiganj, P.S- Krishnabraham, Distt.- Buxar, Permanent Address Village- Chakrahansi, P.S- Buxar (Muffasil), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ram Das Rai Ka Dera P.S. Case No. 08 of 2025 dated 10.03.2025, instituted for the offence punishable under Sections 30(a) of the Bihar Liquor Prohibition and Excise Amendment Act, 2018.

3. The allegation is of recovery of 8.64 litres foreign liquor from the motorcycle bearing Registration No. BR44A2922, which belongs to the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the motorcycle from which foreign liquor has been recovered was sold by the petitioner to

Patna High Court CR. MISC. No.41557 of 2025(2) dt.09-07-2025 2/2 one Dharam Raj Sharma on 03.07.2017 and a sale letter was also been prepared in this regard. It is next submitted that petitioner is neither named in the F.I.R. nor the apprehended person disclosed the name of the petitioner. Petitioner is the owner of alleged motorcycle due to which he has been falsely made accused in this case. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ram Das Rai Ka Dera P.S. Case No. 08 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise, Special Judge, Court No. 2, Buxar, subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J) Sankalp/- U T