Rajdev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56155 of 2025 Arising Out of PS. Case No.-358 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Rajdev Singh S/O Late Raghunath Singh Resident of Village- Dharmbari, P.S.- Baikunthpur, Dist.- Gopalganj.

... ... 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 :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. There is recovery of 25 litres of Indian made foreign liquor from possession of co-accused Suraj Kumar Singh and Sushil Kumar Singh. The police seized a motorcycle which was registered in the name of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only being an owner of the motorcycle. Petitioner was neither apprehended on the spot nor he has any concern with the seized liquor. It is further submitted that on the relevant date and

Patna High Court CR. MISC. No.56155 of 2025(2) dt.02-09-2025 2/2 time, the seized motorcycle was in possession of his son Suraj Kumar Singh. Petitioner had no knowledge about illegal trade and transport of illicit liquor from his motorcycle. Nothing incriminating has been recovered from conscious possession of the petitioner. The petitioner has no criminal antecedent who is aged about 71 years. Petitioner undertakes to cooperate in the investigation and the 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special, Excise Court No.II, Siwan in connection with Siwan Excise P.S. Case No.358 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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