Ravi Bhushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18605 of 2025 Arising Out of PS. Case No.-177 Year-2021 Thana- BAISI District- Purnia ====================================================== Ravi Bhushan S/o Late Shashi Bhushan Prasad Singh Resident of Village - Gopalpur Rajaram, Post- Rajapakar, PS- Bariyarpur, OP, DistrictMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr. Pandey Sanjay Sahay, Adv.
For the State :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-07-2025 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41 & 47 of the Bihar Prohibition and Excise Act, 2016.
3. The perusal of the FIR and the seizure list would show that a total of 774 litres of illicit liquor along with a mobile phone has been recovered from a truck which was intercepted at the check-post and the driver of the said truck was apprehended on the spot.
4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case later as being
Patna High Court CR. MISC. No.18605 of 2025(3) dt.14-07-2025 2/3 the owner of the seized truck. It is further submitted that the driver who was apprehended accused did not mention the name of the petitioner as the owner of the said truck. As a matter of fact, way back in the year 2020, the petitioner had already sold the said truck to his own brother Dev Bhushan by way of Annexure-P/2 and the same had happened by way of a partition agreement dated 02.10.2020 which would also be evident from Annexure-P/3 which shows that the truck was in custody of his brother and the petitioner had no knowledge about its plying and its use. It is next submitted that besides the fact that the petitioner happened to be the original owner of the said truck, there is no other material collected during the course of investigation to connect him to the present occurrence. It is also pointed by learned counsel for the petitioner that the petitioner has no criminal antecedent and the charge-sheet has also been submitted on 07.04.2025 against him also.
5. Learned APP for the State, however, opposes the prayer for anticipatory bail on the ground that in the case diary, the name of the petitioner still appears as the owner of the seized truck.
6. At this stage, learned counsel for the petitioner makes an offer that the petitioner would deposit a sum of Rs.5,000.00
Patna High Court CR. MISC. No.18605 of 2025(3) dt.14-07-2025 3/3 (Rupees Five Thousand) in account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
7. Considering the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Baysi P.S. Case No. 177 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.
8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Soni Shrivastava, J) divyanshi/- U T