Ashok Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73664 of 2025 Arising Out of PS. Case No.-183 Year-2025 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== 1.
Ashok Kumar Singh S/o Chandrika Singh R/O Vill.- Nawada, P.S.- Sadar, Dist.- Muzaffarpur 2.
Akhilesh Kumar S/O Lalbabu Kumar R/O Vill.- Semra @ Semra Camp, P.S.- Baruraj, Dist.- Muzaffarpur, at present address Magadh Cargo service, C-15 Double Story quarter Motiya Khan, P.S.- Paharganj, New Delhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 62.25 liters of liquor Muzaffarpur railway station.
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.73664 of 2025(2) dt.03-11-2025 2/3 petitioners and is accessible to public at large and the petitioners came to be implicated in the case only for the reason that they are authorized contractors appointed by the railways.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Muzaffarpur GRP P.S. Case No. 183 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that any of the petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but
Patna High Court CR. MISC. No.73664 of 2025(2) dt.03-11-2025 3/3 after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T