Bikram Kumar Singh @ Raushan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78507 of 2024 Arising Out of PS. Case No.-324 Year-2024 Thana- TARAIYA District- Saran ====================================================== Bikram Kumar Singh @ Raushan Kumar Singh Son of Suman Singh VillageSaraiya Basant, P.S.- Taraiya, District- Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Taraiya P.S. Case No. 324 of 2024 instituted for the offence under Section 30(a) of Bihar Prohibition & Excise Act.

3. The case of the prosecution is that altogether 40 liters of spirit was recovered from a bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner has come on the basis of identification made by the local chowkidaar. It is further submitted by learned counsel for the petitioner that he is not the

Patna High Court CR. MISC. No.78507 of 2024(2) dt.02-12-2024 2/2 owner of the said bike. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Nothing has been recovered from his conscious possession.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Taraiya P.S. Case No. 324 of 2024, he will be enlarged on 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 3rd Exclusive Special Excise Judge, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T