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2025 DAILYLAW 65978 (PAT)

Bhuar @ Kamakhya Narayan Singh v. The State of Bihar

CR. MISC./55304/2025 · 2025-08-27

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55304 of 2025 Arising Out of PS. Case No.-640 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Bhuar @ Kamakhya Narayan Singh S/o- Rajendra Singh Resident of Village - Wazirganj, P.S. - Sasaram (Muffasil), District - Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Sunil, Advocate Mr. Saharsh Shubham, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in a case registered under Sections 30(a), 35, 38 of Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution case, there is recovery of 240 litres of spirit and 137.280 litres of country made foreign liquor from a bush. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that the alleged recovery has been made from a field and petitioner has non concern with the seized liquor. Nothing has been recovered from the conscious Patna High Court CR. MISC. No.55304 of 2025(2) dt.27-08-2025 2/2 possession of the petitioner. Similarly situated co-accused person has already been granted anticipatory bail by a Co- ordinate Bench of this Court in Cr. Misc. No. 37938 of 2024 dated 28.06.2024. Petitioner undertakes to cooperate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering 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 six weeks from today, the petitioner be released on bail upon 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 Judge, Excise-II, Sasaram, Rohtas in connection with Sasaram (Muffasil) P.S. Case No. 640 of 2018, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. sauravkrsinha/- (Sunil Dutta Mishra, J) U T