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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85127 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- DHANSOI District- Buxar ====================================================== Sunil Singh @ Batta S/O Late Pramal Singh R/O Villae- Dhansoi, P.S- Dhansoi, Distt.- Buxar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s : Ms.Pronoti Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 08-01-2025
1. Heard learned Counsel for the petitioner and learned APP for the State.
2. This application, for grant of anticipatory bail, arises out of Dhansoi PS case no. 140 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. The prosecution story, as per the First Information report, is that on 06.10.2024, police received secret information that petitioner along with co-accused Rinku Singh have brought the consignment of liquor for sale near their house, proceeded towards the place of occurrence. Upon seeing the police party, both succeeded in fleeing away, however they were identified by the local chowkidar. Upon
Patna High Court CR. MISC. No.85127 of 2024(2) dt.08-01-2025 2/3 search, police party recovered 18 liters of countrymade liquor from near the house of co-accused Rinku Singh.
4.
Learned Counsel for the petitioner submits that petitioner is having no criminal antecedent and he has been made accused on the basis of disclosure of his name by the local chowkidar. He further submits that the illicit liquor has not been recovered from his conscious possession and/ or from the premises belong to him rather it has been recovered from a bag kept at the house of Rinku Singh.
5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having clean antecedent and illicit liquor has not been recovered from the premises belonging to him and/ or from his conscious possession, I am inclined to grant the privilege of anticipatory bail to the petitioner.
6. This application is, accordingly, allowed.
7. Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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 Special Excise Court No. 1, Buxar in connection with Dhansoi PS case no. 140 of 2024, subject to
Patna High Court CR. MISC. No.85127 of 2024(2) dt.08-01-2025 3/3 the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
rinkee/- (Anil Kumar Sinha, J) U T