Patna High CourtCR. MISC./16763/2025bail granted

Braj Bhushan Prasad v. The State Of Bihar

2025-04-02Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16763 of 2025 Arising Out of PS. Case No.-226 Year-2024 Thana- RASULPUR District- Saran ====================================================== Braj Bhushan Prasad S/O Sri Parasan Prasad R/O Village- Katokhar, P.SManjhi, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Rasulpur P.S. Case no.226 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, the informant states that on seeing police personnel one person, namely, Vishal Gupta was trying to manage to escape leaving the motorcycle, but he was apprehended along with the motorcycle bearing

Patna High Court CR. MISC. No.16763 of 2025(2) dt.02-04-2025 2/3 Registration No. BR04AE. On search, a total of 34.560 liters of foreign liquor is said to have been recovered from the said motorcycle.

4. Learned counsel for the petitioner submits that The petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the said vehicle. However, learned counsel for the petitioner further stated in paragraph no. 8 to the petition that Vishal Gupta was arrested along with the said recovery and not the petitioner herein. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rasulpur P.S. Case no.226 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra, subject to the condition laid down under Section 438(2) of the

Patna High Court CR. MISC. No.16763 of 2025(2) dt.02-04-2025 3/3 Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that he shall co-operate in the investigation/trial.

(Soni Shrivastava, J) Harsh/- U T