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Patna High CourtCR. MISC./57047/2025allowed

Umakant Singh v. The State Of Bihar

2025-09-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57047 of 2025 Arising Out of PS. Case No.-908 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Umakant Singh S/O Brij Ratan Singh R/O Village- Brahampur, Ward No.- 11, P.S.- Phulwarisharif, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Mritunjay, Adv For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-09-2025 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), 32, 62 and 56(b) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, 81.55 litres of illicit foreign liquor was recovered from the house of the petitioner. It is alleged that his son namely, Nishant Raj who is co-accused is involved in the alleged liquor trade who has kept the said seized liquor in the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being the owner of the house. The petitioner had no knowledge about the said liquor kept by the co-accused Nishant Raj. Further submission is that petitioner was not present on the

Patna High Court CR. MISC. No.57047 of 2025(2) dt.09-09-2025 2/2 spot and he has no concern with the illicit seized liquor. There is no specific allegation against the petitioner that he is involved in the trade of illicit liquor, except the fact that the house belongs to the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent. 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 Special Judge Excise-III at Patna, in connection with Excise P.S. Patna Case No. 908 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) krishnakant/- U T