Anshu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42274 of 2025 Arising Out of PS. Case No.-351 Year-2024 Thana- RAGHUNATHPUR District- Siwan ====================================================== Anshu Kumar Singh S/o Jagnarayan Singh R/o Village- Panjwar, PS - Raghunathpur, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghwendra Pratap Singh For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 225 litres country made Liquor from an open place. Petitioner was alleged to fled from the place of recovery.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the

Patna High Court CR. MISC. No.42274 of 2025(2) dt.17-07-2025 2/3 alleged recovery or with the place of occurrence. The name of petitioner sprang up in this case on the disclosure of co-villagers as a person who fled away from the place of seizure. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that place of seizure is an open place accessible to anyone. Moreover, proper procedure of search and seizure has not been followed in this case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Shailendra Bin has already been granted bail vide order dated 30.04.2025, passed in Cr. Misc. No. 24049 of 2025 by the co-ordinate Bench of this Court.

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

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

Patna High Court CR. MISC. No.42274 of 2025(2) dt.17-07-2025 3/3 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 Raghunathpur P.S. Case no. 351 of 2024, 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 Exclusive Special Excise Court No. II, Siwan, subject to the conditions as laid down under section 482 of BNSS. (S. B. Pd. Singh, J) Nirajkrs/- U T