Ramu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21158 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- MATIYARIA District- West Champaran ====================================================== Ramu Chaudhary S/O Shivbalak Chaudhary R/O Village- Hardi Belhwa, P.S.- Matiyaria, District- West Champaran, Bettiah. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Rasika, Adv.
For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 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 Matiyariya P.S. Case No.120 of 2024 lodged on 19.10.2024, for the offences punishable under Sections 20(b)(ii)(c) and 8(c), 23(c), 25 and 29 of the NDPS Act, 1985 read with section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, the allegation of total 12 liters of country made liquor from a bag in the paddy field and 12 packets of charas have been recovered, which is subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21158 of 2025(2) dt.23-04-2025 2/2 petitioner is innocent and has committed no offence. He further submits that the petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner's name has figured in this case by virtue of disclosure of mother of the apprehended person.
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 and due to jealousy, mother of the co-accused person has disclosed the petitioner's name in this case.
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 Sessions Judge, Bettiah in connection with Matiyariya P.S. Case No.120 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Prakashmani/- U T