Bhawan Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7919 of 2025 Arising Out of PS. Case No.-280 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Bhawan Giri S/o- Bhavesh Giri @ Chandrika Giri R/o - Inarwa, P.S - Khajuri, District - Dhanusha Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita and Section 30(a)/37 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 45 litres illicit liquor was recovered from the bag of co-accused Pramod Rai who disclosed the name of this petitioner.
4. Learned counsel for the petitioner submits that the bag in question does not belong to the petitioner. No incriminating material was recovered from conscious possession of the petitioner and he has been made accused only on the basis of confessional statement of co-accused. Petitioner has got one criminal antecedent of similar nature in which he is on bail.
Patna High Court CR. MISC. No.7919 of 2025(2) dt.04-03-2025 2/2
5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-IIcum-Special Judge, Excise Act, Madhubani in connection with Phenhara P. S. Case No. 14 of 2023, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T