Patna High CourtCR. MISC./59028/2025bail granted

Anil Singh @ Anil Kumar v. The State Of Bihar

2025-09-23Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59028 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- Garahara District- Begusarai ====================================================== Anil Singh @ Anil Kumar S/O Kapildeo Singh R/O Village- Simariya, Ward No.-06, P.S- Chakiya, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Khushi Awadh, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-09-2025 Heard Ms. Khushi Awadh, learned counsel appearing on behalf of the petitioner and Mr. Nand Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Garhara P.S. Case No. 53 of 2025 registered for the offence punishable under Section 30(a), 32(ii) and 41(ii) of the Bihar Prohibition and Excise Act, 2018.

3. As per the allegation made in the FIR, 9 litres of country made liquor was recovered from a motorcycle bearing Registration No.BR09K-9388, Chassis No.ME04JC583GC8020222, Engine No.JC58E102064.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. He has no concern either with the

Patna High Court CR. MISC. No.59028 of 2025(2) dt.23-09-2025 2/3 seized liquor or trade of liquor in any manner. The recovery was made from a motorcycle bearing Registration No.BR09K-9388, Chassis No.ME04JC583GC8020222, Engine No.JC58E102064 and petitioner is the owner of the said motorcycle, however, nothing was recovered from the conscious possession of the petitioner. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the recovery was made from a motorcycle bearing Registration No.BR09K-9388, Chassis No.ME04JC583GC8020222, Engine No.JC58E102064 and petitioner is the owner of the said motorcycle, however, nothing was recovered from the conscious possession of the petitioner, I am of the opinion that the petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.59028 of 2025(2) dt.23-09-2025 3/3 satisfaction of learned District Court where the case is pending in connection with Garhara P.S. Case No. 53 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T