Sourav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72255 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- CHIHARA District- Jamui ====================================================== Sourav Singh Son of Gopal Singh R/o Village - Yaduvanshi Nagar, P.S. - Chas, Dist. - Bokaro, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankita Kumari For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2025

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 Chihara Police Station Case No. 39 of 2024, dated 03.09.2024, disclosing offence under Section 30(a)/32 of the Bihar Prohibition and Excise Act, 2018 (hereinafter referred to as 'the Act').

3. The prosecution story, as per the First Information Report, is that on 03.09.2024, the police received secret information that a white DCM truck was transporting a large quantity of foreign liquor from Bokaro, Jharkhand, to Lakhisarai through Giridih. On this information, the police reached at the place of occurrence and started checking vehicles. A DCM truck, bearing Reg. No.

Patna High Court CR. MISC. No.72255 of 2025(2) dt.16-10-2025 2/3 BR01GL6836, was spotted coming from Giridih and on seeing the police, tried to flee but was intercepted. Two persons, namely Chandan Kumar and Laxman Kumar, were apprehended, and upon search, 1080 liters of foreign liquor were recovered from a hidden compartment of the vehicle. On enquiry, the arrested co-accused disclosed that liquor belongs to the petitioner and other accused persons.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to oblique motive. He next submits that the name of the petitioner transpired on the basis of disclosure by arrested co-accused persons. He further submits that the vehicle, in question, does not belong to the petitioner and illicit liquor has not been recovered from his conscious possession. The similarly situated co-accused person, namely, Rahul Kumar, has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 51995 of 2025.

5. Regards being had to the submission advanced by learned counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the vehicle,

Patna High Court CR. MISC. No.72255 of 2025(2) dt.16-10-2025 3/3 from where illicit liquor has been recovered and the similarly situated co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court, 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 Exclusive Excise Court I, Jamui, in connection with Chihara Police Station Case No. 39 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T