Shri Shiv Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51444 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- SINDHIYA District- Samastipur ====================================================== Shri Shiv Kumar Pathak S/o- Late Kamal Kant Pathak Village- Singhiya PSSinghiya, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adesh Raj Singh, Advocate For the Opposite Party/s:

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2025 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 Section 30(a), 32(1), 32(2), 36, 41(1), 41(2) of the Bihar Prohibition and ExciseAmendment Act.

3. As per prosecution case, on secret information, a raid was conducted in a poultry farm and total 714.24 litres of illicit liquor was recovered from different vehicles and from the plot sharing boundary with the farm. The mobile phone of the petitioner was also recovered from the spot.

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 has falsely been implicated in this case merely because the mobile

Patna High Court CR. MISC. No.51444 of 2025(2) dt.31-07-2025 2/2 of the petitioner was recovered from the spot. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Petitioner is neither the owner nor the driver of the seized vehicles. 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 Court of Exclusive Excise Judge-I, Samastipur, in connection with Singhiya P.S. Case No. 74 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shikha/- U T