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2025 DAILYLAW 101182 (PAT)

Varun Singh @ Varun Kumar Singh v. The State of Bihar

CR. MISC./67919/2025 · 2025-10-08

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67919 of 2025 Arising Out of PS. Case No.-364 Year-2025 Thana- PATAHI District- East Champaran ====================================================== Varun Singh @ Varun Kumar Singh Son of Late Umeshwar Singh Resident of village- Khutauna, Ps- Patahi, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 08-10-2025 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 Patahi Police Station Case No. 364 of 2025, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, on 30.07.2025, upon secret information, police raided the house of Md. Asnaullah. On seeing the police, five persons tried to flee. One woman, Rubina Khatoon, was apprehended, and four others including the petitioner managed to escape. During the search, 89.100 liters of Nepalese liquor were recovered from Asnaullah’s house, which was seized, and a seizure list was prepared. 4. Learned Counsel for the petitioner submits that Patna High Court CR. MISC. No.67919 of 2025(2) dt.08-10-2025 2/3 the petitioner is innocent and has falsely been implicated in the present case due to personal enmity. He was not apprehended at the place of occurrence, and no incriminating article was recovered from his conscious possession. Petitioner’s name has transpired merely on the basis of disclosure made by the chaukidar. The alleged recovery of 89.100 liters of Nepalese liquor was made from the house of co-accused Md. Asnaullah, which is neither owned nor possessed by the petitioner. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner has been made accused on the basis of disclosure of his name by the chaukidar and nothing has been recovered from his house of conscious possession , 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) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Motihari, East Champaran, in connection with Patahi Police Station Case No. 364 of 2025, subject to the condition laid Patna High Court CR. MISC. No.67919 of 2025(2) dt.08-10-2025 3/3 down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. HarshPandey/- (Anil Kumar Sinha, J) U T