Jay Dev Banerjee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3224 of 2025 Arising Out of PS. Case No.-259 Year-2024 Thana- PIPRA District- Supaul ====================================================== Jay Dev Banerjee S/o- Jyotirmay Banerjee Resident of Village- Dal Kola Subhash Palli, P.S.- Matigara, District- North Dinajpur West Bengal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Session Trial Excise Case No. 743 of 2024 arising out of Pipra P.S. Case No. 259 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 567 litres of foreign liquor was recovered from Pick-up Van. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with

Patna High Court CR. MISC. No.3224 of 2025(2) dt.24-01-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the petitioner has transpired as being owner of the seized vehicle and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner has no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail dated 04.12.2024 in Cr. Misc. No. 82940 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Session Trial Excise Case No. 743

Patna High Court CR. MISC. No.3224 of 2025(2) dt.24-01-2025 3/3 of 2024 arising out of Pipra P.S. Case No. 259 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T