Sachin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87299 of 2024 Arising Out of PS. Case No.-473 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Sachin Kumar Singh Son of Sanjay Kumar Singh Resident of Village - Renua, P.S. - Hussainganj (Husenganj), District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Irshad Ahmad Khan For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2025

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 Siwan Excise Police Station Case No. 473 of 2024, dated 04.08.2024, disclosing offence under Sections 30(a)/32(3) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the excise officials, on secret information that one person is carrying illicit liquor on a motorcycle and is coming from Uttar Pradesh, reached at the place of occurrence and during vehicle check, signalled one Apache motorcycle to stop, but the rider tried to flee away, who was apprehended by the excise officials and he disclosed his name as Ankush Kumar. On search, the

Patna High Court CR. MISC. No.87299 of 2024(3) dt.20-01-2025 2/3 excise officials recovered 7.5 litres of illicit country-made liquor and seized the motorcycle also.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely because he happens to be the registered owner of the motorcycle in question. He further submits that the petitioner has got no concern with the illicit liquor recovered and one of his friends, namely, co-accused Ankush Kumar, had borrowed his motorcycle for some urgent work. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent and he has been made accused in the present case merely because he is the owner of the motorcycle which was borrowed by his friend, co-accused Ankush Kumar, who was arrested at the spot along with the motorcycle, 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

Patna High Court CR. MISC. No.87299 of 2024(3) dt.20-01-2025 3/3 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 Special Excise Court No. II, Siwan, in connection with Siwan Excise Police Station Case No. 473 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √