Ashutosh Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7322 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- PATKHAULI District- West Champaran ====================================================== Ashutosh Ranjan Son of Arun Kumar Singh village- Bangari, Ps- Baruraj, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 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 Pathkhauli P.S. Case No.142 of 2024 lodged on 01.10.2024, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the recovery of 77.76 liter of foreign liquor has alleged to be made, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7322 of 2025(2) dt.19-02-2025 2/3 petitioner is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in the present case. He further submits that the said recovery has been made from a Maruti Wagon R which belongs to the petitioner. He further submits that it is true that the said recovery of wine alleged to be made from his vehicle of which he is a registered owner.

5. Counsel for the petitioner submits that petitioner has clean antecedent. He further submits that the petitioner has given his vehicle to his friend at his request to go to Sasural with his wife and petitioner is completely unaware that his friend shall do such types of illegal work. He further submits that the petitioner himself becomes victim of this case.

6. Learned Counsel for the State opposes the prayer for bail and submits that the petitioner's antecedent is clean.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge Excise, Bagaha, West Chamaparan,

Patna High Court CR. MISC. No.7322 of 2025(2) dt.19-02-2025 3/3 in connection with Pathkhauli P.S. Case No.142 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T