Sipahi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67714 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- KOCHAS District- Rohtas ====================================================== 1.

Sipahi Singh Son of Late Ramji Singh R/o Village - Sarangpur, P.S. - Kochas, District - Rohtas.

2.

Pramod Kumar Son of Sipahi Singh R/o Village - Sarangpur, P.S. - Kochas, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashwani Kumar Tiwary, Advocate For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2025 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Kochas P.S. Case No. 206 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 21.08.2025 by the informant, Manoj Kumar.

3. As per the prosecution story, the informant alleged that on secret information, the grocery shop was raided and there is recovery/seizure of 1.620 liters foreign liquor and 3 liters country made liquor. This led to the F.I.R.

4. Learned counsel for the petitioners submit that they owns the building, on which the shop was on tenancy and they

Patna High Court CR. MISC. No.67714 of 2025(2) dt.25-09-2025 2/3 have nothing to do with it.

5. Learned APP opposes the prayer submitting that the building belongs to the petitioners.

6. Considering the submissions of the parties as also that though recovery/seizure is there, it is from grocery shop which is an open place, nothing recovered from their conscious possession, in that background, this Court is inclined to extend them the privilege of anticipatory bail.

7. Let the petitioners 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) each with two sureties of like amount each to the satisfaction of learned Exclusvie Special Judge Excise-2, Sasaram, Rohtas, in connection with Kochas P.S. Case No. 206 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following 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 petitioners 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 their

Patna High Court CR. MISC. No.67714 of 2025(2) dt.25-09-2025 3/3 bail bond by the Trial Court itself;

(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioners 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 petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T