Baliram Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30505 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Baliram Prasad S/o Inderdev Prasad R/o Mohalla- Karman Tola, Maa Tara Tent House, P.S.- Arah, Nawada, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Shahpur P.S. Case No. 201 of 2024, dated 22.05.2024, lodged under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution, total recovery of 40 liters of illicit country made liquor from Hero Splendor motorcycle which 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. Counsel submits that petitioner is not named in the FIR, his name has come during investigation as he is the owner of the seized motorcycle. Counsel also submits that the recovery has not been made from petitioner's possession. Counsel further submits that
Patna High Court CR. MISC. No.30505 of 2025(2) dt.15-05-2025 2/2 antecedent of the petitioner is clean.
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 Trial Court 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 Exclusive Special Excise Judge, Excise Court No.II, Bhojpur at Arah in connection with Shahpur P.S. Case No. 201 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Sudhanshu/- U T