Joginder Rajwanshi @ Yogendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19390 of 2025 Arising Out of PS. Case No.-815 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Joginder Rajwanshi @ Yogendra Kumar S/O Arjun Rajwanshi R/O Vill.- Darshan, P.S.- Govindpur, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, 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 Excise Nawada P.S. Case No.815 of 2024 lodged on 21.11.2024, for the offences punishable under Sections 30(a), 47 and 44 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution, the allegation of total 16.200 liters of country-made liquor has been recovered from a motorcycle, 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 submits that the petitioner has been falsely implicated in the present case. He further submits that said recovery has been

Patna High Court CR. MISC. No.19390 of 2025(2) dt.16-04-2025 2/2 made from a motorcycle where the petitioner was sitting with the co-accused. He further submits that petitioner's name has come in this case by virtue of confessional statement of coaccused.

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 ingredients under Excise Act has not made out against the petitioner.

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.II, Nawada, in connection with Excise Nawada P.S. Case No.815 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T