Anil Kumar Singh @ Anil Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89764 of 2025 Arising Out of PS. Case No.-476 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Anil Kumar Singh @ Anil Kr. Singh Son of Rudeshwari Prasad Singh Resident of Rental Flat No.- 66, Housing Colony, Near IDBI Bank, P.S.- Kankarbagh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Patrakar Nagar PS. Case No. 476 of 2022 dated 10-08-2022, instituted under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 88 litres of illicit country-made liquor from the e-rickshaw of the petitioner bearing Registration No. BR 01-ER-9205.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no incriminating articles have been recovered from the conscious possession of the

Patna High Court CR. MISC. No.89764 of 2025(2) dt.23-12-2025 2/3 petitioner or from his house. The petitioner has been made an accused merely on the ground that he is the owner of the erickshaw which was allegedly seized by the police. It is further submitted that the said e-rickshaw was being used for commercial purposes and had been given the same to one Nishal, son of Sunil Yadav, resident of Village- Kothiya, District Khagaria, who on 08.08.2022 at about 7:00 AM took the Erickshaw for playing and failed to return it. The petitioner reported the matter regarding the e-rickshaw that went missing to Kankarbagh Police Station on 09.08.2022. However, the police asked him to come on the next day, which can be verified from the CCTV footage of Kankarbagh Police Station. It is next submitted that on 10.08.

2022 at about 10:00 AM, the petitioner again went to Kankarbagh Police Station to report the erickshaw that had gone missing bearing registration number BR01ER-9205. The same has been recorded as S.D.E. No. 432 of 2022. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within

Patna High Court CR. MISC. No.89764 of 2025(2) dt.23-12-2025 3/3 six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Patna, in Patrakar Nagar PS. Case No. 476 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T