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2025 DAILYLAW 91111 (PAT)

Niranjan Singh v. The State of Bihar

CR. MISC./506/2025 · 2025-02-10

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.506 of 2025 Arising Out of PS. Case No.-1186 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Niranjan Singh S/o Late Kameshwar Singh R/O Village-Riur Gadh, P.S- Nararikala Khurd, District- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Mukul Kumari For the Opposite Party/s : Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 10-02-2025 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 Excise Police Station Case No. 1186 of 2024, dated 28.11.2024, disclosing offences under Sections 30(a)/32(3)/41(1)/41(2) of the Bihar Prohibition and Excise Act, 2016. 3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner, along with other, has brought a huge quantity of illicit liquor in his village, reached the place of occurrence and on seeing the police, two persons tried to flee away, however, the police apprehended one person while the other succeeded in fleeing away. The Patna High Court CR. MISC. No.506 of 2025(2) dt.10-02-2025 2/3 apprehended person disclosed his name as co-accused Pankaj Kumar and disclosed the name of the person who fled away as the petitioner. On search, the police recovered 322.5 litres of illicit country made liquor from the kutcha house of the petitioner. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the arrested co- accused person. He further submits that the illicit liquor has been recovered from the katcha house of the petitioner used for keeping husk for cattle, situated behind his house and is an open space. 5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has been made accused on the basis of disclosure of his name by the arrested co- accused person and the illicit liquor has been recovered from the katcha house, situated in the open space behind the house of the petitioner, 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 Patna High Court CR. MISC. No.506 of 2025(2) dt.10-02-2025 3/3 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. II, Aurangabad, in connection with Excise Police Station Case No. 1186 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √