Abhimanyu Singh @ Abhimanyu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61358 of 2025 Arising Out of PS. Case No.-417 Year-2025 Thana- SIWAN CITY District- Siwan ====================================================== Abhimanyu Singh @ Abhimanyu Kumar Singh Son of Late Jay Prakash Singh Resident of Vill. -Dharampur, P.S. - Aandar, Dist.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Kumari Anupam, Advocate For the Opposite Party/s :
Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard Mr. Kumari Anupam, learned counsel for the petitioner and the State.
2. The petitioner is apprehending arrest in connection with Siwan P.S. Case No. 417 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 lodged on 04.06.2025 by the informant, Rahul Kumar.
3. As per the prosecution story, the Police intercepted a Scorpio and there is recovery of 501.12 liters of foreign liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that the car does not belong to him nor was driving it and only because
2/4 of criminal antecedent, the locals have named him.
5. The last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.15,000/- to the District Legal Services Authority, for purchase of/installation of Sanitary Vending Machine for Civil Court Campus, Siwan through Demand Draft issued by the local branch of the State Bank of India and the receipt has to be submitted before the Trial Court.
6. Learned APP opposes the prayer.
7. Considering the submissions of the parties as also the fact that the petitioner does not own the vehicle, the FIR is there, he shall be facing the music, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.15,000/- to the District Legal Services Authority, for purchase of/installation of Sanitary Vending Machine for Civil Court Campus, Siwan through Demand Draft issued by the local branch of the State Bank of India and the receipt has to be submitted before the Trial Court.
8. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
3/4 the like amount each in connection with Siwan P.S. Case No. 417 of 2025 to the satisfaction of learned Exclusive Special Excise Court No.II, Siwan subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty
4/4 to take steps for cancellation of his bail bonds.
9. Let a copy of this order be communicated to the learned Principal District and Sessions Judge, Siwan for his perusal and needful.
(Rajiv Roy, J) Ravi/- U T