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Patna High CourtCR. MISC./47294/2025bail granted

Ranjeet Prasad v. The State Of Bihar

2025-07-18Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47294 of 2025 Arising Out of PS. Case No.-510 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Ranjeet Prasad S/o Bachcha Prasad @ Chandra Kishore Prasad @ Baccha Prasad Gupta Resident of village- Sursand Ward No 15, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ayush Kumar, Adv.

For the State :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The perusal of the FIR and the seizure list shows that there is a total recovery of 63 litres of Nepali liquor from an abandoned and dilapidated hut/house behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is not the owner of the said hut from where the recovery has been made. His name has transpired on account of suspicion and disclosure made by the local chaukidar. It is

Patna High Court CR. MISC. No.47294 of 2025(2) dt.18-07-2025 2/2 further submitted that there is no independent witness to the seizure list and no recovery was made from physical and conscious possession of the petitioner. It is also submitted that this petitioner has no criminal antecedent and similarly situated co-accused has already been granted the privilege of anticipatory bail vide order dated 15.05.2025 passed in Cr. Misc. No. 14313 of 2025.

5. Learned APP for the State, however, opposes the prayer for anticipatory bail.

6. Considering the entire facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sursand P.S. Case No. 510 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

(Soni Shrivastava, J) divyanshi/- U T