Arun Kumar Singh @ Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56484 of 2025 Arising Out of PS. Case No.-426 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Arun Kumar Singh @ Arun Singh S/O late Tapeshwar Singh R/O Vill.- Inglish, P.S.- Aurangabad Mufasil, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 426 of 2025 instituted under Section 30(a) and 32(3) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 10 liters of illicit liquor has been recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the motorcycle in question. The said motorcycle was taken by the neighbour of the petitioner, namely, Manish Kumar on the pretext of medical emergency and family members of the petitioner bonafidely gave the said motorcycle to him and the petitioner had no knowledge about the misuse of the motorcycle in question. The petitioner was

Patna High Court CR. MISC. No.56484 of 2025(3) dt.16-09-2025 2/2 neither riding the motorcycle at the time of alleged occurrence nor he was present at the spot. There is no recovery from the conscious possession of the petitioner. The petitioner has one criminal antecedent which is not of similar nature, in which he is on bail and he 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 aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court 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 Special Judge, Excise, Second, Aurangabad (Bihar) in connection with Excise P.S. Case No. 426 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) AjayMishra/- U T