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Patna High CourtCR. MISC./45973/2025allowed

Robin Singh @ Nitin @ Nitin Kumar v. The State Of Bihar

2025-08-04Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45973 of 2025 Arising Out of PS. Case No.-185 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Robin Singh @ Nitin @ Nitin Kumar S/o Shashi Patel Vill.- Rajepur, PSRajepur, OP (Sahebganj), Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard Mr. Priyesh Kumar, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sahebganj (O.P. Rajepur) P.S. Case No. 185 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 Rajepur O.P. in village Pipra Raji gaon near Mai Sthan, near road, altogether 11.25 liters of country-made foreign liquor was recovered. One Vishwanath Bhagat was apprehended. The name of this petitioner has been disclosed by the apprehended person.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.45973 of 2025(2) dt.04-08-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place. Moreover, the petitioner's name has been disclosed by the co-accused person.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner and submits that the petitioner is having criminal antecedent of one case 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 with a condition that the petitioner shall not indulge in similar nature of offences in future. 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 Sahebganj (O.P. Rajepur) P.S. Case No. 185 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 Exclusive Special Judge Excise-II, Muzaffarpur, subject to the conditions as laid down under

Patna High Court CR. MISC. No.45973 of 2025(2) dt.04-08-2025 3/3 section 438(2) of the Cr.P.C.

7. Accordingly, the present anticipatory bail application stands allowed.

(Ashok Kumar Pandey, J) Sudhanshu/- U T