Rajesh Bauri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4434 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- Excise P.S. District- Banka ====================================================== Rajesh Bauri Son of Ahiren Bouri @ Dhiren Bouri Resident Of Village -Jamari, Ps- Salanpur, Dist - Bardhman ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, 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 Banka Excise P.S. Case No. 126 of 2024 registered for the offences punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 1348.200 litres of foreign liquor was recovered from Truck.
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 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the petitioner has trasnpired as being owner of the seized vehicle
Patna High Court CR. MISC. No.4434 of 2025(2) dt.24-01-2025 2/2 Registration No. NL 01 L 3924. in question 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 by this Court vide order dated 23.04.2024 passed in Cr. Misc. No. 30972 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 above-named, 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 Banka Excise P.S. Case No. 126 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) Raj Ranjan/- U T