Patna High CourtCR. MISC./580/2025bail granted

Naren Chandra Singha v. The State Of Bihar

2025-02-24Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.580 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- Excise P.S. District- Kishanganj ====================================================== Naren Chandra Singha Son of Tihaku Singha R/o vill - Matikunda Hat, P.S. - Islampur, Distt.- Uttar Dinajpur (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2025

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 Madya Nisedh Police Station Case No. 278 of 2024, giving rise to Special Case No. 283 of 2024, dated 05.03.2024, disclosing offences under Sections 30(a)/32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that on 05.03.2024, during the course of vehicle checking, the police intercepted one Honda Activa scooty, bearing Registration No. WB92-B-0765. The persons riding the scooty were arrested and they disclosed their names as Budhadev Singh and Bharat Chandra Singh. On search, the police recovered 01 liter of illicit foreign

Patna High Court CR. MISC. No.580 of 2025(2) dt.24-02-2025 2/3 liquor from the dickey of the said scooty.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the registered owner of the said scooty. He next submits that the scooty, from where illicit liquor has been recovered, was borrowed by the arrested co-accused persons and the petitioner had no knowledge about illicit liquor being kept therein. The petitioner has got no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner happens to be the registered owner of the motorcycle, which was borrowed by arrested co-accused persons, 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) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise - II, Kishanganj, in connection with Madya

Patna High Court CR. MISC. No.580 of 2025(2) dt.24-02-2025 3/3 Nisedh Police Station Case No. 278 of 2024, giving rise to Special Case No. 283 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