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Patna High CourtCR. MISC./67992/2025allowed

Krishna Singh v. The State Of Bihar

2025-10-07Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67992 of 2025 Arising Out of PS. Case No.-857 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Krishna Singh S/o Ramgati Singh R/o vill - Deoria, P.S.-Kateya, DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Rai, Advocate.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend arrest in a case registered under Sections 30(a), 41(1) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 12.400 litre illicit country liquor from the motorcycle bearing Registration No. BR-28K-7112 which belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the registered owner of the motorcycle in question. He further submits that the said motorcycle had already been sold by the petitioner to one Mohammad Jahir Son of Shekh Anul through sale letter dated 25.10.2016, a copy of which had been annexed as Annexure P/2 to this application. Learned counsel submits that petitioner was not present on the spot and

Patna High Court CR. MISC. No.67992 of 2025(2) dt.07-10-2025 2/2 no incriminating article has been recovered from his conscious possession. He further submits that petitioner has no concern either with the alleged seized liquor or with the motorcycle in question as he has sold his motorcycle much before the date of occurrence. Learned counsel submits that petitioner has got clean antecedent and he 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 aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court 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 Court concerned in connection with Gopalganj Town P.S. Case No.857 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T