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Patna High CourtCR. MISC./56448/2025allowed

Badari Ram @ Badri Ram v. The State Of Bihar

2025-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56448 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== Badari Ram @ Badri Ram S/o Late. Vikram Ram R/o Village- Jagdambapur, Bhawani Pur, Harijan Tola, Ward No. 8, P.S.- Shri Nagar, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva, Adv For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 126(2), 115(2), 118(1), 132, 352, 351(2), 3(5) of B.N.S. and Section 30(a) & 45 of Bihar Prohibition & Excise Act.

3. As per the prosecution case, on the basis of secret information, total 11 litres of illicit liquor was recovered in front of the house of the petitioner which were kept below the Chauki. It is alleged that petitioner and his sons created hindrance in performing the official duty of the police officials.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on the basis of dirty village politics. Further

Patna High Court CR. MISC. No.56448 of 2025(2) dt.08-09-2025 2/2 submission is that petitioner was not present on the spot and he has no concern with the seized illicit liquor. The illicit liquor was recovered from the open place which is accessible to public at large. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has clean antecedent. Petitioner 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 facts and circumstances of the case and submissions of learned counsel 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 upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise -II, Bettiah, West Champaran in connection with Shri Nagar (Bettiah) P.S. Case No. 149/2025 corresponding to G.R. No. 757/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) krishnakant/- U T