Abhay Kumar Singh @ Abhay Kumar @ Virapan Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88272 of 2024

Arising Out of PS. Case No.-65 Year-2023 Thana- HASPURA District- Aurangabad

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Abhay Kumar Singh @ Abhay Kumar @ Virapan Son of Surynath Singh Resident of village- Baduakhade, P.S.- Huspura, Distt.-Aurnagabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s : Ms.Asha Devi, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 08-01-2025

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Heard Mr.Pramendra Kumar Singh, learned counsel

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for the petitioner and Ms.Asha Devi, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Huspura P.S.Case No.65 of 2023,FIR dated 04.03.2023 registered for the offences punishable under Section 30(c) of Bihar Prohibition and Excise (Amended) Act, 2018.

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Recovery is of 15.8 litre Gas Cylinder, Gas Stove, two Alumunium Big Pan, two 10 litre Gallons, 10 Kg Mahua Flower kept in plastic bag, four plastic gallons containing decayed Mahua flower etc.

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Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case on the basis of the disclosure made by the

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Patna High Court CR. MISC. No.88272 of 2024(2) dt.08-01-2025 2/4

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local Chaukidar and it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner and the petitioner has falsely been implicated in the present case on the basis of the disclosure made by the local chaukidar. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. No case, whatsoever, would be made out against the petitioners under the Bihar Prohibition and Excise Act.

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Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.

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This Court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav Vs. State of Bihar reported in 2019 (2) PLJR 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of Counsel for the petitioner.

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Considering the aforesaid facts, petitioner has clean antecedent, nothing has been recovered from conscious

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Patna High Court CR. MISC. No.88272 of 2024(2) dt.08-01-2025 3/4

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possession of the petitioner and the name of the petitioner has been transpired on the basis of the disclosure made by the local chaukidar, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Judge Excise Court No.02, Aurangabad in connection with Huspura P.S.Case No.65 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her

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Patna High Court CR. MISC. No.88272 of 2024(2) dt.08-01-2025 4/4

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criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Nitesh/-

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U T

Abhay Kumar Singh @ Abhay Kumar @ Virapan v. The State of Bihar

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Abhay Kumar Singh @ Abhay Kumar @ Virapan v. The State of Bihar

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