Bijendra Singh @ Baija v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56497 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- SIKARHATTA District- Bhojpur ====================================================== Bijendra Singh @ Baija Son of Kedar Singh Resident of Vill- Sikarhatta Kala, Bharosi Tola, P.S.- Sikarhatta, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 120 litres of country made liquor was recovered from the bank of Banas river near village Sikarhatta Kala Bharosi Tola. It is alleged that five persons fled away from the spot, after seeing the police. Local watchman identified three accused persons including this petitioner as escaped person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure statement made by local watchman. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the

Patna High Court CR. MISC. No.56497 of 2025(2) dt.08-09-2025 2/2 seized illicit liquor. The recovery has been made from the bank of Banas river which is an open place accessible to all. Similarly situated co-accused, namely, Mintu Kumar @ Sunil Singh has already been granted anticipatory bail by this Court vide order dated 02.09.2025 passed in Cr.Misc.No.55825 of 2025. The petitioner has one criminal antecedent of the same nature in which he is on bail. 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 Judge II, Bhojpur, Ara in connection with Sikarhatta P.S. Case No.109 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