Saroj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59537 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Saroj Singh S/O Viresh Singh Resident of Village- Majharia, Police StationBuxar (Ind), District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Rai Sharma, Adv.
For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has earlier moved before a Coordinate Bench of this Court with a prayer for anticipatory bail which was rejected vide order dated 16.07.2025 passed in Cr. Misc. No. 45859 of 2025.
3. The petitioner seeks bail in connection with Buxar (I) P.S. Case No. 135 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
4. As per prosecution case, the police has recovered total 381.54 liters of illicit country-made liquor from the house of co-accused Meva Lal.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.59537 of 2025(2) dt.27-08-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was neither apprehended at the place of occurrence nor anything incriminating has been recovered from his conscious possession rather the alleged recovery of illicit liquor has been recovered from the house of the co-accused Meva Lal. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has eight criminal antecedents and is languishing in judicial custody since 23.07.2025 without any rhymes or reason. Coaccused Meva Lal and Tetari Devi have already been granted bail by this Court vide order dated 17.07.2025 passed in Cr. Misc. No. 45566 of 2025.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.59537 of 2025(2) dt.27-08-2025 3/3 below/concerned Court in connection with Buxar (I) P.S. Case No. 135 of 2025, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T