Praduman Kumar Sah @ Praduman Gond @ Praduman Kumar Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13476 of 2025 Arising Out of PS. Case No.-313 Year-2024 Thana- NAUTAN District- Siwan ====================================================== Praduman Kumar Sah @ Praduman Gond @ Praduman Kumar Gond S/oOm Orakash Gond Village- Chitmath, P. S. - Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous 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 his arrest in connection with Nautan P.S. Case No.313 of 2024 lodged on 04.12.2024, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, the total recovery of 162 litres of country-made liquor have alleged to be made from a motorcycle, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13476 of 2025(2) dt.28-03-2025 2/2 petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the place of occurrence and his name has been transpired only on suspicion. Counsel further submits that criminal antecedent of the petitioner is not clean as there are 5 cases pending against him in which in all the cases, he is on bail and all are relating to excise matter. He further submits that the alleged motorcycle from where recovery has been made, does not belong to the petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are 5 cases pending against him of similar nature and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J.) Prakashmani/- U T