Abhay Singh @ Abhishek Kumar @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90333 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Abhay Singh @ Abhishek Kumar @ Raja S/O Arjun Singh R/O Village - Kawar Bigha, P.S- Magadh University District, Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with M.U. P.S. Case No. 203 / 2024 dated 24.09.2024 registered under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the first information report Police on the basis of secret information reached the place of occurrence on the bank of Falgu river and saw that a person upon seeing the Police party threw a bag into the river and fled away who was identified by Chaukidar as Abhay Singh @ Abhishek Kumar @ Raja. Upon search, 39 liters of English wine has been recovered
Patna High Court CR. MISC. No.90333 of 2024(2) dt.30-01-2025 2/3 from the bag.
4. Learned counsel for the petitioner submits that petitioner is having no criminal antecedent and his name has surfaced on the disclosure made by the local Chaukidar. 39 liters of English wine has been recovered from a bag on the bank of Falgu river, which is an open space accessible to all and sundry. No incriminating article and / or illicit liquor has been recovered from the conscious possession and / or premises belonging to the petitioner.
5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that illicit liquor has been recovered from an open space easily accessible to everyone and the petitioner is having no criminal antecedent, 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 learned Exclusive Special Excise Court No. 1 - Gaya in connection with M.U. P.S. Case No. 203 / 2024 subject to the
Patna High Court CR. MISC. No.90333 of 2024(2) dt.30-01-2025 3/3 condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T