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Patna High CourtCR. MISC./54458/2025allowed

Lagan Bhagat v. The State Of Bihar

2025-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54458 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Lagan Bhagat S/O Nemi Bhagat R/O Village- Peerdamariya Ghat, P.SMalsalami, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends arrest in connection with Malsalami P.S. Case No.212 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is a recovery of 15 litres illicit country made liquor from a plastic bag thrown by the apprehended co-accused Munna Paswan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on the confessional statement of arrested coaccused Munna Paswan. Petitioner was not apprehended on the spot and nothing has been recovered from conscious possession of the petitioner. Except confessional statement, there is nothing

Patna High Court CR. MISC. No.54458 of 2025(2) dt.19-08-2025 2/2 against the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsels for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 learned Special Judge Excise, Patna City in connection with Malsalami P.S. Case No.212 of 2025 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T