Allowed¶20

Sanam Kumar Singh v. The State of Bihar

Patna HC2 Apr 2025CR. MISC./15918/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; Section 2(1)(d) BNSS bail bond Rs. 30,000; Section 482(2) BNSS conditions; Bihar Prohibition and Excise (Amendment) Act 2022 Sections 30(a) and 41(1); illicit wine 16.75 litres and illicit beer 18 litres recovery; confessional statement of co-accused Mukesh Kumar; Kalyanpur P.S. Case No. 244 of 2024, East Champaran; Exclusive Special Excise Court-3 Motihari; Patna High Court Cr. Misc. No. 15918 of 2025; decided 02-04-2025.

What did the court decide?

Anticipatory bail granted under Section 482 BNSS 2023; petitioner to surrender/appear before the Trial Court within 4 weeks and furnish bail bond of Rs. 30,000/- (Section 2(1)(d) BNSS 2023) to the satisfaction of Exclusive Special Excise Court-3, East Champaran at Motihari, subject to conditions under Section 482(2) BNSS 2023. ¶20

Sanam Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to the petitioner apprehending arrest in Kalyanpur P.S. Case No. 244 of 2024, lodged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

¶14

Court's answer

Anticipatory bail granted: the petitioner is to be released on anticipatory bail in the event of arrest or surrender before the Trial Court within 4 weeks, on furnishing a bail bond of Rs. 30,000/- as per Section 2(1)(d) of the BNSS, 2023, to the satisfaction of Exclusive Special Excise Court-3, East Champaran at Motihari, in connection with Kalyanpur P.S. Case No. 244 of 2024.

¶20

Ratio / Principle

The anticipatory bail is subject to the conditions laid down under Section 482(2) of the BNSS, 2023.

¶20

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), oral order dated 02-04-2025 in Criminal Miscellaneous No. 15918 of 2025, arising out of Kalyanpur P.S. Case No. 244 of 2024 (East Champaran): anticipatory bail granted under Section 482 of the BNSS, 2023 to petitioner Sanam Kumar Singh, who apprehended arrest in an excise offence registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving prosecution-reported recovery of 16.75 litres of illicit wine and 18 litres of illicit beer; per counsel, nothing was recovered from the petitioner's possession, his name figured through the confessional statement of co-accused Mukesh Kumar, and his antecedents are clean. Petitioner to surrender/appear within 4 weeks, furnish a Rs. 30,000/- bail bond (Section 2(1)(d) BNSS) before Exclusive Special Excise Court-3, East Champaran at Motihari, subject to Section 482(2) BNSS conditions.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15918 of 2025

¶2

Arising Out of PS. Case No.-244 Year-2024 Thana- KALYANPUR District- East Champaran

¶3

======================================================

¶4

Sanam Kumar Singh S/O Ashanarayan Singh @ Aashnarayan Singh Resident of Village- Patti Jasauli, Police Station- Kotwa, District- East Champaran at Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

¶10

ORAL ORDER

¶11

2 02-04-2025

¶12

Heard Learned Counsel for the petitioner and

¶13

Learned APP for the State.

¶14

The present Cr. Misc. Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Kalyanpur P.S. Case No. 244 of 2024, dated 28.07.2024, lodged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

¶15

As per the prosecution, total recovery of 16.75 litres of illicit wine and 18 litres of illicit beer have been made, which is the subject matter of the present case.

¶16

Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

¶17

Patna High Court CR. MISC. No.15918 of 2025(2) dt.02-04-2025 2/2

¶18

further submits that nothing has been recovered from the possession of the petitioner. Counsel further submits that the petitioner’s name has been figured in this case by virtue of confessional statement of one co-accused, namely, Mukesh Kumar. Counsel also submits that the criminal antecedent of the petitioner is clean.

¶19

Learned APP for the State opposes the prayer for bail of the petitioner.

¶20

As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court- 3, East Champaran at Motihari, in connection with Kalyanpur P.S. Case No. 244 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

¶21

(Dr. Anshuman, J.)

¶22

Aman Kumar/-

Sanam Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanam Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Praduman Kumar Sah @ Praduman Gond @ Praduman Kumar Gond Vs The State of Bihar

Abhishek Kumar Vs The State of Bihar

Kamlesh Yadav Vs The State of Bihar

Upendra Chaudhary @ Dimla @ Upendra Kumar Vs The State of Bihar

Munna Kumar Sahani @ Munna Sahani Vs The State of Bihar

Raju Paswan @ Mallu Paswan Vs The State of Bihar