Saroj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64882 of 2025 Arising Out of PS. Case No.-598 Year-2025 Thana- SASARAM NAGAR District- Rohtas ====================================================== Saroj Singh Son of Rajendra Singh Resident of Chandravnshi nagar, P.S. - Sasaram(Muffasil), Dist. - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2025 Learned counsel for the petitioner submits that wrongly and due to typographical error, the 360 ml foreign liquor has been recorded as 360 liters. The same be read from the seizure list which together with other recovery comes to 1.26 liters of foreign liquor.

2. Heard the parties.

3. The petitioner is apprehending his arrest in connection with Sasaram (Town) P.S. Case No. 598 of 2025 for the offence under sections 30(a) and 37 of the Bihar Prohibition and Excise Act lodged on 30.07.2025 by the informant, Divya Lata.

4. As per the prosecution story, the informant during patrolling and vehicle checking, intercepted a motorcycle and from it, there is recovery/seizure of 1.26 liters of foreign liquor

Patna High Court CR. MISC. No.64882 of 2025(2) dt.25-09-2025 2/3 and one Vikash Kumar was arrested who disclosed the names of others. This led to the FIR.

5. Learned counsel for the petitioner submits that he has no criminal antecedent, the motorcycle was given to Vikash, he is the owner and as such, got implicated.

6. Learned APP opposes the prayer submitting that he owns the motorcycle.

7. Taking into account the submissions of the parties as also that the petitioner has no criminal antecedent nor anything recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

8. If, however, it is found that contrary to the statement made in paragraph-3, the petitioner has criminal antecedent, the present order shall become infructuous.

9. Let the petitioner be released on bail in the event of arrest or surrender 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 like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 2, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 598 of 2025 subject to the conditions as laid down

Patna High Court CR. MISC. No.64882 of 2025(2) dt.25-09-2025 3/3 under Section 438(2) of the Cr.P.C.

(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;

(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 to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T