Patna High CourtCR. MISC./21163/2025bail rejected

Raushan Kumar v. The State Of Bihar

2025-04-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21163 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- WARISNAGAR District- Samastipur ====================================================== Raushan Kumar S/O Dhrup Yadav R/O Village- Nehalpur, P.S- Mabbi, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, 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 apprehend his arrest in connection with Waris Nagar P.S. Case No.42 of 2025 lodged on 27.02.2025, for the offences punishable under Section30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, total recovery of 75.84 liter of foreign wine have been made from a car, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No. 21163 of 2025(2) dt.23-04-2025 2/2 petitioner is innocent and has committed no offence. He submits that petitioner has been falsely implicated in the present case. Nothing has been recovered from conscious possession of the petitioner. He further submits that petitioner is owner of the said vehicle from where the recovery has been made.

5. Counsel submits that the criminal antecedent of the petitioners is not clean. There is one case pending against the petitioner and he are ready to fulfill all the conditions whatsoever shall be imposed upon him.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of petitioner is not clean. There is one case relating to Excise Act, is pending against him and the said vehicle is registered in the name of the petitioner.

7. As such, in the present facts and circumstances of this case, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

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