Ram Sundar Ray @ Ramu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19350 of 2025 Arising Out of PS. Case No.-2250 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Ram Sundar Ray @ Ramu S/o- Ram Saray Ray Village- Bharat Singh Lane Basanti Press west Jay Prakash Nagar PO- GPO PS- Gardanibag DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivek Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 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 ABP No.4482 of 2024 arising out of Excise P.S. Case No.2250 of 2024 lodged on 23.09.2024, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, the allegation of total 42.930 liters of foreign liquor has been recovered from a house, 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

Patna High Court CR. MISC. No.19350 of 2025(2) dt.16-04-2025 2/2 submits that the petitioner has been falsely implicated in the present case. He further submits that said recovery has been made from his house, but he is residing in the joint family and place from where the said recovery has been made, comes within the ambit of many family members.

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 Exclusive Special Excise Court No.III, Patna or its successor Court, in connection with ABP No.4482 of 2024 arising out of Excise P.S. Case No.2250 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T