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Patna High CourtCR. MISC./50940/2025disposed

Bachchan Ram v. The State Of Bihar

2025-08-29Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50940 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- Bhelahi District- East Champaran ====================================================== Bachchan Ram, aged about 40 years, Gender-Male, S/o Satya Narayan Ram, Resident of village- Anandiganj Ambedkar Basti, P.S.- Bhelahi, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bhelahi P.S. Case No. 04 of 2025 dated 12.01.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 02 litres of country made liquor and 68 litres of pass has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner was not

Patna High Court CR. MISC. No.50940 of 2025(2) dt.29-08-2025 2/3 arrested on the spot and his name has come in the present case on the basis of the disclosure made by the local people and the Mahal Chaukidar. The petitioner has no connection with the alleged seized liquor. The petitioner is not the exclusive owner of the house in question from which the alleged seized liquor was recovered. The house in question is a joint house of the petitioner where other family members are also residing. No incriminating incriminating article has been recovered from the possession of the petitioner. The petitioner has two criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the accusation against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner and the same is rejected with a direction to the petitioner to surrender before the learned court below within a period of six weeks from the date of receipt/production of a copy of this order and the learned court below may consider the prayer for regular bail of the petitioner without being prejudiced of the order of this Court in connection with Bhelahi P.S. Case No. 04 of 2025,

Patna High Court CR. MISC. No.50940 of 2025(2) dt.29-08-2025 3/3 pending in the court of learned Exclusive Special Excise Court No. 01, East Champaran at Motihari, preferably on the same day.

7. Accordingly, the anticipatory bail application of the petitioner stands rejected.

(Chandra Prakash Singh, J) U.K./- U T