Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22647 of 2025 Arising Out of PS. Case No.-82 Year-2024 Thana- Gurupa District- Gaya ====================================================== Ravi Kumar S/O Chhatradhari Yadav R/O Village- Jhurang, Naudia Jhurang (Chondhi), P.S.-Fatehpur, Dist.-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Gurpa P.S. Case No.82/2024 registered on 10.10.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, a total recovery of 600 litres of country-made liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the petitioner is not named in the F.I.R., but during the course of investigation, his name surfaced based on certificates issued by the Sarpanch, Mukhiya, and Ward Member, stating that the house from where the alleged recovery

Patna High Court CR. MISC. No.22647 of 2025(2) dt.01-05-2025 2/2 was made belongs to the petitioner. Learned counsel further submits that the place of alleged recovery is an open area, not in the exclusive possession of the petitioner. The petitioner's name appears to have been inserted solely under suspicion. It is also submitted that the house in question, from where the alleged recovery was made, is a structure used solely for agricultural purposes. The petitioner has no criminal antecedents and is a law-abiding citizen.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Excise Court No.04, Gaya, in connection with Gurpa P.S. Case No.82/2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T