Rajeev Kumar Singh @ Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72416 of 2025 Arising Out of PS. Case No.-268 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Rajeev Kumar Singh @ Chhotu Singh Son of Awadhesh Singh @ Avdhesh Singh @ Avadhesh Kumar Singh R/o Vill.- Shambhupatti, P.S.- Karpurigram, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar For the Opposite Party/s :

Mr. Nand Kishore Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Excise Sadar P.S. Case No. 268/2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 3196.410 liters illicit liquor from the truck and Mahindra pick-up vehicle. Local people disclosed the name of the petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The name of local people has not been disclosed,

Patna High Court CR. MISC. No.72416 of 2025(2) dt.16-10-2025 2/3 which questions the authenticity of the FIR. Except disclosure of local people, there is nothing on record to demonstrate the complicity of the present with the alleged occurrence. The petitioner bears four criminal antecedents in which he is on bail. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is neither the driver nor the owner of the said vehicles. The petitioner is not in any way connected with the alleged occurrence. Seizure list has not been prepared as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the name of petitioner finds place in the FIR and the petitioner cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from

Patna High Court CR. MISC. No.72416 of 2025(2) dt.16-10-2025 3/3 today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge ExciseII, Samastipur in connection with Excise Sadar P.S. Case No. 268/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T