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2025 DAILYLAW 98877 (PAT)

Mahendra Singh v. The State of Bihar

CR. MISC./24946/2025 · 2025-05-05

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24946 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Mahendra Singh S/o Late Kedar Singh R/o Vill- Rampur (Pithanua), P.S.- Barun, Dist- Aurangabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Malti Kumari For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 05-05-2025 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 Barun Police Station Case No. 124 of 2025, dated 13.03.2025, disclosing offences under Sections 30(a)(b) (c)(d)/33/36 of the Bihar Prohibition and Excise Act and Sections 317(2)/318(2)/317(4) of the Bhartiya Nyaya Sanhita. 3. The prosecution case, as per the First Information Report, is that on 12.03.2025, during patrolling, the police got Patna High Court CR. MISC. No.24946 of 2025(2) dt.05-05-2025 2/3 secret information that the petitioner, along with other co- accused persons, were indulged in preparation of country made illicit liquor. Upon such information the police party proceeded towards the place of occurrence and on seeing the police party, three persons started fleeing away. However, on chase, the police apprehended all of them, who disclosed their names as Asha Devi, Manoj Ram and Pramod Kumar. Upon equiry the apprehended persons stated that they were indulged in manufacturing of illicit liquor. Thereafter, the police raided their house and recovered 300 liters of country made liquor, 5 liters of spirit, empty bottles, drums etc. It has further been alleged that the apprehended persons disclosed that the petitioner provide them equipment for making spirit and liquor and the they sell illicit liquor upon petitioner’s instructions. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of confessional statement of the co-accused persons. He next submits that the petitioner was not present at the place of occurrence and neither illicit liquor nor any incriminating articles has been recovered from conscious possession of the petitioner and/or premises belonging to him. Patna High Court CR. MISC. No.24946 of 2025(2) dt.05-05-2025 3/3 5. Having regard to the submissions made on behalf of the parties and taking into consideration the allegation that petitioner was involved in manufacturing of spurious liquor, consumption of which may be injurious to health of general public, I am not inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, rejected. ashwani/- (Anil Kumar Sinha, J) U T