Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13425 of 2025 Arising Out of PS. Case No.-303 Year-2024 Thana- PARSA District- Saran ====================================================== 1.

Vishal Kumar S/o Vijendra Manjhi R/o Silhauri, P.S.- Marhaura, Distt.- Saran 2.

Basanti Devi @ Basanti Kuwar W/o Late Hira Manjhi R/o Titira, P.s.- Parasa, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtunjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The present Cr. Misc. 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 petitioners who apprehend arrest in connection with Parsa P.S. Case No. 303 of 2024, dated 14.09.2024, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 15 litres of illicit country-made liquor has been made, which is the subject matter of the present case.

4. Learned Counsel for the petitioners submits that the

Patna High Court CR. MISC. No.13425 of 2025(2) dt.28-03-2025 2/2 petitioners are innocent and have committed no offence. Counsel further submits that the petitioners have been falsely implicated in this case. Counsel further submits that nothing has been recovered from the possession of the petitioners rather, the recovery was made from an open place. Counsel also submits that the criminal antecedents of the petitioners are clean.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Third Exclusive Special Excise Court, Saran, in connection with Parsa P.S. Case No. 303 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T