Badal Kumar Singh @ Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70648 of 2025 Arising Out of PS. Case No.-385 Year-2025 Thana- Excise P.S. District- West Champaran ====================================================== Badal Kumar Singh @ Badal Kumar S/O Mani Singh R/O Village- Belbagh Bangali Colony ward No. 20, P.S- Bettiah Town, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-10-2025 Heard Mr. Brij Kishor Mishra, learned counsel appearing on behalf of the petitioner and Mr. Anant Kumar 1, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Bettiah Case No. 385 of 2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 18.990 litres of illicit liquor was recovered from a lane, near the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Recovery of illicit liquor has been made from an open space, which is easily accessible

Patna High Court CR. MISC. No.70648 of 2025(2) dt.14-10-2025 2/3 by anyone. Petitioner has no concern with the alleged seized liquor. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and also the fact that recovery of illicit liquor has been made from an open space, which is easily accessible by anyone, I am of the opinion that petitioner, who is having clean antecedent, has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court 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 Concerned Court where the case is pending in connection with Excise P.S. Bettiah Case No. 385 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the

Patna High Court CR. MISC. No.70648 of 2025(2) dt.14-10-2025 3/3 petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T