Shankar Lougi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13248 of 2025 Arising Out of PS. Case No.-97 Year-2024 Thana- Champanagar District- Purnia ====================================================== Shankar Lougi S/O Late Ranjan Lougi @ Rajan Lougi R/O Dhakiya Palktola, P.S.- Araria Town, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, 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 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Champa Nagar P.S. Case No. 97 of 2024, lodged on 28.10.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total recovery of 42 litres of foreign liquor has been made
Patna High Court CR. MISC. No.13248 of 2025(2) dt.28-03-2025 2/3 which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the recovery of alleged foreign liquor has been made from the bush of canal. Counsel further submits that though he is owner of the vehicle, he has not been apprehended. One of his friends has taken his bike for his personal use and petitioner was completely unaware that his bike was being utilized in such illegal activity. He submits that antecedent of the petitioner is clean and in future he will take precaution in handing over his bike.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the record, it transpires that neither recovery of alleged foreign liquor has been made from the petitioner's possession nor he was apprehended from the place of occurrence.
6. 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
Patna High Court CR. MISC. No.13248 of 2025(2) dt.28-03-2025 3/3 satisfaction of Exclusive Special Judge, Excise Court No.1, Purnea, in connection with Champa Nagar P.S. Case No. 97 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T