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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20567 of 2025 Arising Out of PS. Case No.-192 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Arvind Singh S/o Ram Darshan Singh R/o Village- Babu Tola, Shankar Saraiya, P.S.- Turkaulia, District- East Champaran. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Priyesh Kumar, Advocate For the Opposite Party/s : Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 23-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Excise P.S. Case No. 192 of 2019, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (amended up to date) Act, 2016.
3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 155.52 litres of IMFL/country made from the Bamboo Orchard.
4. Considering the submission and perusal of record, it appears that illicit liquor recovered from Bamboo orchard, which is an open field, denying prima facie recovery of illicit liquor from conscious physical possession of this petitioner. Petitioner said to
Patna High Court CR. MISC. No.20567 of 2025(2) dt.23-04-2025 2/2 be involved in five more criminal cases but of different nature, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise-02, East Champaran, Motihari/concerned Court, where the case is pending in connection with Excise P.S. Case No. 192 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
veena/- (Chandra Shekhar Jha, J) U T