Shrikrishna Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15996 of 2025 Arising Out of PS. Case No.-493 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Shrikrishna Ray S/O Rajendra Ray R/O Ward No. 02, Mallikpur, Malikpur Rustampur, P.S- Raghopur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar,Adv.
For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 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 Malsalami P.S. Case No.493 of 2024 lodged on 22.10.2024, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution, the allegation of total 80 liters of country made mahua liquor 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.15996 of 2025(2) dt.02-04-2025 2/3 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 recovery of 40 liters alleged liquor has been made from a motorcycle which belongs to him. He further submits that under unfortunate circumstances, his motorcycle has been used for said work and he is completely unaware. Only due to owner of the motorcycle, petitioner's name has figured in this case.
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 this aspect may be taken into consideration.
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 Court of Excise, Patna City, in
Patna High Court CR. MISC. No.15996 of 2025(2) dt.02-04-2025 3/3 connection with Malsalami P.S. Case No.493 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T