Patna High CourtCR. MISC./13356/2025bail granted

Santosh Ram v. The State Of Bihar

2025-03-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13356 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Santosh Ram S/O Late Jagdish Ram R/O Village- Janpur, P.S- Barun, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Singh, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, 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 Excise Sadar Aurangabad P.S. Case No.131 of 2025 lodged on 03.02.2025, for the offences punishable under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, the allegation of total 40 liters of country made liquor has been recovered from a motorcycle, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.13356 of 2025(2) dt.28-03-2025 2/2 present case. Nothing has been recovered from the conscious possession of the petitioner. He further submits that said recovery has been made from a motorcycle which does not belong to him. He further submits that the petitioner has been made accused for the wrong deed of his son (co-accused).

5. Counsel submits that the criminal antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner 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 Court No.II, Aurangabad, in connection with Excise Sadar Aurangabad P.S. Case No.131 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T