Patna High Court – Orders
Shivdas Singh vs The State Of Bihar on 21 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46218 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- RAGHUNATHPUR District- Siwan
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1. Shivdas Singh S/o- Kailash Singh Resident of Village- Santhi PS-
Raghunathpur, Dist- Siwan
2. Nikita Devi W/o- Kallu Singh Resident of Village- Santhi PS-
Raghunathpur, Dist- Siwan
3. Ranju Devi W/o- Rahul Singh Resident of Village- Santhi PS-
Raghunathpur, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-07-2025
Heard Mr. Rajiv Kumar, learned counsel for the
petitioners and Mr. Nawal Kishore Prasad, learned Additional
Public Prosecutor for the State.
2. After some arguments, learned counsel for the
petitioners seek permission to withdraw the application with
respect to petitioner no. 1, namely, Shivdas Singh.
3. Permission is accorded.
4. Accordingly, this applications stands dismissed as
withdrawn with respect to petitioner no. 1, namely, Shivdas
Singh.
5. The petitioner nos. 2 and 3 are apprehending their
Patna High Court CR. MISC. No.46218 of 2025(2) dt.21-07-2025
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arrest in connection with A.B.P. No. 955 of 2025 arising out of
Raghunathpur P.S. Case No. 61 of 2025, F.I.R. dated 13.03.2025
for the offences punishable under Sections 191(2), 191(3), 190,
115(2), 109, 132, 351(2) and 352 of the Bharatiya Nyaya
Sanhita, 2023 and Sections 30(a) and 45 of Bihar Prohibition
and Excise Act.
6. Recovery is of 40 litres of country made liquor and
mobile phones.
7. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R. is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. Although, the
petitioners are named in the F.I.R. but from a bare perusal of the
F.I.R., it appears that there is no specific allegation of any
assault or overt act attributed against them. The specific
allegation of assault has been attributed against co-accused
persons, namely, Shivdas Singh and Kallu Singh @ Rajwant
Singh @ Rohit Singh and there is no specific allegation against
both the petitioners and it appears from the F.I.R. itself that
nothing has been recovered from conscious possession of the
petitioners. There is non-compliance with mandatory procedure
Patna High Court CR. MISC. No.46218 of 2025(2) dt.21-07-2025
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prescribed for recovery under Section 100 of Cr.P.C / Section
103 of Bhartiya Nagarik Suraksha Sanhita. No case, whatsoever,
would be made out against the petitioners under the Bihar
Prohibition and Excise Act.
8. The learned Additional Public Prosecutor has
vehemently opposed the prayer for anticipatory bail of the
petitioners 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.
9. 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) P.L.J.R. 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 petitioners.
10. Considering the aforesaid facts that the petitioner
nos. 2 and 3 have clean antecedent and there is no specific
allegation in the F.I.R. against them, let the petitioner nos. 2 and
3, above named, in the event of their 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
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of Rs. 10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. II, Siwan in connection with
Raghunathpur P.S. Case No. 61 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure /Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioner nos. 2 and 3 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 their absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the Court
below.
ii. If the petitioner nos. 2 and 3 tampers with the
evidence or the witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner nos. 2 and 3 and
in case at any stage it is found that the petitioner nos. 2 and 3
have concealed their criminal antecedent, the court below shall
take step for cancellation of bail bond of the petitioner nos. 2
and 3. However, the acceptance of bail bonds in terms of the
Patna High Court CR. MISC. No.46218 of 2025(2) dt.21-07-2025
5/5above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Rajesh Kumar Verma, J)
Neha/-
U T
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