Sandip Kumar Singh @ Hathi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54505 of 2025 Arising Out of PS. Case No.-288 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sandip Kumar Singh @ Hathi Yadav S/o Prithvi Yadav R/o Village - Asani, P.S - Udwantnagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 107 litres of illicit country made liquor in west of Banas river near Hethla bridge of Asani village.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on suspicion since he has got two criminal antecedents of similar nature. Further submission is that the alleged recovery has been made from an open place easily accessible to anyone. Petitioner was not present at the place of occurrence nor he has any concern with the seized illicit liquor.

Patna High Court CR. MISC. No.54505 of 2025(2) dt.19-08-2025 2/2 Nothing has been recovered from the conscious possession of the petitioner. Petitioner has two criminal antecedents of similar nature and in both the cases, petitioner is on bail. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No. II, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 288 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T