Nigam Singh @ Nigam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66048 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- SAHAR District- Bhojpur ====================================================== Nigam Singh @ Nigam Kumar S/O Balmiki Singh R/O Village- Nonaur, Karbasin, P.S- Sahar, P.O- Nonaur, Distt.- Bhojpur, Pin- 802201 (Bihar). ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arvind Kumar, Advocate For the Opposite Party :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Sahar P.S. Case No. 140 of 2025 dated 07.07.2025 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the first information report, an information was received that the petitioner herein with another person was to pass through Muzaffarpur-Nanour road with illicit liquor. When police party reached there, it saw two persons coming on a motorcycle and, on seeing them, they threw the bag and cartoon and fled away. On search, liquor to the tune of 15.840 liters were recovered and the motorcycle and the liquor were seized. During the course of enquiry, the name of the petitioner was disclosed by the co-villagers.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.66048 of 2025(2) dt.24-09-2025 2/2 name of the petitioner has surfaced in this case on the statement of co-villager and except that there is no other material to connect the petitioner with the alleged offence, rather the petitioner was at his village Nanaur at the time of alleged occurrence. The seizure has not been made from the conscious possession of the petitioner and he has been falsely implicated in this case. The petitioner has one criminal antecedent, in which he has already been granted bail.

5. In above view of the matter and the fact that the petitioner has not been apprehended with the illicit liquor, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2, Bhojpur at Ara, in connection with Sahar P.S. Case No. 140 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.

(Ajit Kumar, J) Pawan/- U T