Meghnath Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23546 of 2025 Arising Out of PS. Case No.-472 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Meghnath Roy S/O Prakash Roy Resident of village- Sisia, P.S.- Ajamnagar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-04-2025 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 Ajamnagar P.S. Case No. 472 of 2024, lodged on 25.12.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 2.250 liters of foreign liquor is the subject matter of the present case. The name of the petitioner has figured in this case by virtue of owner of the motorcycle from which recovery has been made.

4. Learned Counsel for the petitioner submits that one of the co-villagers have taken motorcycle from him to

Patna High Court CR. MISC. No.23546 of 2025(2) dt.30-04-2025 2/2 purchase medicine in the name that his wife is ill. Counsel submits that the antecedent of the petitioner is clean and petitioner is completely unaware that his motorcycle is being used for illegal activities. Counsel also 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.

6. 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 learned Additional District and Sessions Judge, Exclusive Special Excise Court No. II, Katihar, in connection with Ajamnagar P.S. Case No. 472 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Neha/- U T