Ravi Kushwaha@ Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34266 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- AANDAR District- Siwan ====================================================== 1.
Ravi Kushwaha@ Ravi Kumar S/o Subash Bhagat Resident of Village and P.S.- Andar, Distt.- Siwan 2.
Satish Gond @ Satish Kumar S/o Sugriv Gond Resident of Village and P.S.- Andar, Distt.- Siwan 3.
Om Prakash Kushwaha @ Om Prakash S/o Ram Din Kushwaha Resident of Village- Pipara, P.S.- Andar, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey, Adv Ms.Shyama Rani, Adv.
Mr.Sandeep Kumar, Adv.
For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners are apprehending arrest in connection with Andar P.S. Case No. 39 of 2025 registered for the offences punishable under Sections 40 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the informant saw a viral video in which some persons were doing party in the chamber of Panchayat Adhyaksha. Petitioners and others are said to have participated in the alleged party of illicit liquor.
Patna High Court CR. MISC. No.34266 of 2025(2) dt.26-05-2025 2/3
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the first information report. Petitioners were not found at the place of occurrence. No incriminating article has been recovered from possession of the petitioners. It is submitted that merely on the basis of viral video they have been falsely implicated in the present case. Petitioners bear no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners under the provisions of Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise I, Siwan in connection with
Patna High Court CR. MISC. No.34266 of 2025(2) dt.26-05-2025 3/3 Andar P.S. Case No. 39 of 2025, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Alok Kumar Pandey, J) mcverma/- U T