Binay Kumar Singh @ Binay Singh @ Vinay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72213 of 2024 Arising Out of PS. Case No.-172 Year-2024 Thana- MALI District- Aurangabad ====================================================== Binay Kumar Singh @ Binay Singh @ Vinay Singh S/O Late Dudheshwar Singh R/O Village- Khadag, Parsa, P.S- Mali, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mali Police Station Case No. 172 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, police, on secret information, raided cowshed and on seeing the police party, one person fled away. Upon inquiry, local chowkidar, disclosed the name of the person as Vinay Singh/Petitioner. On search, police recovered 76 bottles of 180 ml each containing 13.680 liters of illicit country made liquor from the roof of the cowshed situated outside the house of the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the

Patna High Court CR. MISC. No.72213 of 2024(2) dt.29-10-2024 2/2 basis of suspicion. The petitioner is having no criminal antecedent and the liquor has been recovered from roof of the cowshed situated outside the house of the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent, illicit liquor has been recovered from the roof of the cowshed which is situated outside the house of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Second, Aurangabad (Bihar), in connection with Mali Police Station Case No. 172 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T