Bhola @ Raju @ Raju Mistri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7446 of 2025 Arising Out of PS. Case No.-1 Year-2024 Thana- PALASI District- Araria ====================================================== Bhola @ Raju @ Raju Mistri Son of Jag Dev Sutihar @ Jagdev Mistri Resident of village - Pothiya Panchayat - Pakri, P.S.- Palasi, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md Ziaul Quamar, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Palasi P.S. Case No. 01 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 124.800 litres of Nepali liquor was recovered from the Scorpio, Maruti Suzuki Car and the motorcycle.
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.7446 of 2025(2) dt.07-02-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that petitioner is neither the owner nor the driver of any of the seized vehicles. It is further submitted that apprehended co-accused Afaque disclosed the name of the petitioner. The petitioner has one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted anticipatory bail passed by this Court vide order dated 22.11.2024 in Cr. Misc. No. 81164 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
Patna High Court CR. MISC. No.7446 of 2025(2) dt.07-02-2025 3/3 court in connection with Palasi P.S. Case No. 01 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