Happy Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56956 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== Happy Singh S/o Santosh Singh @ Santosh Kumar Singh R/o VillageBarnaiya Gokhul, P.S.- Gopalpur, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No. 88 of 2025 instituted for the offences under Sections 317(2), 3(5) of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 196.200 litres of country made liquor was recovered from gunny bag thrown and loaded on the motorcycle bearing Regd No. BR22AY-1242.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on
Patna High Court CR. MISC. No.56956 of 2025(2) dt.22-08-2025 2/3 the disclousre of local chowkidar. Learned counsel further submitted that motorcycle in question does not belong to the petitioner. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Similarly situated other co-accused person has been granted regular bail by this Court vide order dated 18.06.2025 passed in Cr. Misc No. 37600 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection
Patna High Court CR. MISC. No.56956 of 2025(2) dt.22-08-2025 3/3 with Gopalpur P.S. Case No. 88 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T