Devi Dayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46877 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- KACCHWA District- Rohtas ====================================================== Devi Dayal Singh S/o Late Munni Singh R/o Village- Baldev Tola, P.S.- Kachhawan, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mithilesh Kumar Singh, Advocate For the State :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2025 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 Sections 30(a), 30(c), 30(d) and 30(g) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, in total, 135 litres illicit country made liquor, one HP gas cylinder, one iron gas stove, 9 oil containers of 15 litres each and three motorcycles were seized on the spot. Petitioner is registered owner of one of the seized motorcycles.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he

Patna High Court CR. MISC. No.46877 of 2025(2) dt.17-07-2025 2/2 has falsely been implicated in this case merely because he happens to be owner of one of the seized motorcycle. No illicit liquor was recovered from the motorcycle of this petitioner. Petitioner claims clean antecedents.

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, fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, 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 Exclusive Special Judge, Court No. 1, Rohtas at Sasaram in connection with Kachhawan P.S. Case No. 59 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