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Patna High CourtCR. MISC./477/2025bail granted

Praveen Singh v. The State Of Bihar

2025-02-06Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.477 of 2025 Arising Out of PS. Case No.-58 Year-2024 Thana- VAINI District- Samastipur ====================================================== Praveen Singh S/O Ranjit Singh Resident of Kaijlya Vishnupur, P.S.- Waini, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Waini PS case no. 58 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that the police, on secret information that co-accused persons were unloading the illicit liquor from a truck in village Singhia Karpoorigram, reached at the place of occurrence and saw that three persons on a motorcycle was coming and behind the motorcycle, a pick up van was also coming and when the police tried to stop them, all persons fled away, leaving the motorcycle and the pick-up van. On search, police recovered

Patna High Court CR. MISC. No.477 of 2025(2) dt.06-02-2025 2/3 777.600 liters of illicit foreign liquor from a Magic Van bearing registration no. BR 33GB-1352 and accordingly, seizure list was prepared.

4.

Learned Counsel for the petitioner submits that the petitioner is innocent and have falsely been implicated in this case merely on the basis of secret information. He further submits that the petitioner is neither the owner nor the driver of the vehicle in question. He further submits that three accused persons have already been granted anticipatory bail by this Court vide order dated 28.01.2025, passed in Cr. Misc. No. 89921 of 2024 and other analogous cases. Petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is neither the owner nor the driver of the vehicle in question and similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be

Patna High Court CR. MISC. No.477 of 2025(2) dt.06-02-2025 3/3 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 Special Judge (Excise)-02, Samastipur in connection with Waini PS case no. 58 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T