Vivek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54476 of 2025 Arising Out of PS. Case No.-355 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Vivek Kumar Singh S/o Vijay Bahadur Singh R/o Village- Sagra, P.S.- Nautan, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, 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) and 32(3) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 466.320 litres of illicit liquor and beer from the Creta car. The driver of the said vehicle and other persons managed to flee away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on suspicion. Further submission is that the petitioner is neither the owner nor the driver of the said vehicle. Petitioner was not present at the place of occurrence. Petitioner has no

Patna High Court CR. MISC. No.54476 of 2025(2) dt.19-08-2025 2/2 concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has two criminal antecedents of similar nature in which, he 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 Court No. II, Siwan in connection with Siwan Excise P.S. Case No. 355 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