Tribhuvan Pauddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20973 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Tribhuvan Pauddar Son of Ramnarayan Pauddar village- Ward No. 15, Durgapur, Ps- Raghopur, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand 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 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Raghopur P.S. Case No. 404 of 2024, lodged on 30.11.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 35.400 liters of Nepali liquor has been the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has has committed no offence.

Patna High Court CR. MISC. No.20973 of 2025(2) dt.23-04-2025 2/2 Counsel submits that recovery has not been made from the conscious possession of the petitioner rather recovery has been made on Mayur City Rickshow and petitioner has no concerned with the alleged place of occurrence or Mayur City Rickshaw. Counsel submits that antecedent of the petitioner is not clean. There are two criminal cases of identical nature is pending against the petitioner. Counsel submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is not clean. There are two criminal cases of identical nature is pending against the petitioner.

6. Considering the criminal antecedent of the petitioner, the prayer for anticipatory bail of petitioner is hereby rejected. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered on the same day without being prejudiced by the order of this Court.

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