Patna High CourtCR. MISC./84494/2025bail granted

Nirmal Kumar Singh v. The State Of Bihar

2025-12-17Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84494 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Excise P.S. District- Araria ====================================================== Nirmal Kumar Singh Son of Chandranand Singh Resident of Village- Pithaura, Ward No. 04, P.S.- Narpatganj, District- Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Araria ( Excise ) P.S. Case No. 25 of 2025 dated 20.01.2025 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the first information report a total quantity of 17.520 liters of foreign liquor has been recovered from a TVS Apache motorcycle bearing registration no. BR38L7836 and the person driving the motorcycle managed to escape.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case inasmuch as he has not committed any offence in the manner alleged. The name of the petitioner transpired in this case only because he happens to be the registered owner of the motorcycle in question

Patna High Court CR. MISC. No.84494 of 2025(2) dt.17-12-2025 2/2 however in paragraph no. 9 of the bail application the petitioner has stated that he has already sold the said motorcycle to one Sanjeev Kumar Yadav prior to the date of occurrence on 18.04.2024 and the petitioner and Sanjeev Kumar Yadav have executed Notary Affidavit before the Notary Public (AnnexureP/2 Series). The petitioner has no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the defence taken by the petitioner and the fact that petitioner has no criminal antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise -II, Araria in connection with Araria (Excise) P.S. Case No. 25 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. (Anil Kumar Sinha, J) praful/- U T