Ram Kewal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51081 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- EXCISE PATORI District- Samastipur ====================================================== Ram Kewal Singh son of Jageshwar Singh Resident Of Village- Kishunpur Madhuban Ps- Kudhani District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Archana Jha, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise Patori P.S. Case No. 30 of 2025 instituted for the offences under Section 30(a)of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 153 litres of foreign liquor was recovered from TATA Indica Vista Car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of being owner of the seized vehicle but the petitioner has already sold the vehicle on 26.01.2021 to Mr. Devendra Sahni. Learned

Patna High Court CR. MISC. No.51081 of 2025(2) dt.25-07-2025 2/2 counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Patori P.S. Case No. 30 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T