Nitin Bose @ Neetin Bose v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65174 of 2025 Arising Out of PS. Case No.-27 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Nitin Bose @ Neetin Bose S/o- Late Laxmi Prasad Rai Village- Chakia Ward No- 5 PO- BTPS Barauni PS- Chakia District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Begusarai Excise P.S. Case No. 27 of 2024, instituted for the offences punishable under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 144 liters liquor was recovered from three vehicles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also
Patna High Court CR. MISC. No.65174 of 2025(2) dt.12-09-2025 2/3 submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case as being the owner of the motorcycle in question from which 18 liters liquor was recovered and he has got no knowledge with regard to the nature of goods kept in his vehicle. Learned counsel for the petitioner, therefore, contends that prima-facie, no case is made out against the petitioner. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 12856 of 2024. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Excise P.S. Case No. 27 of 2024, subject to the conditions as laid down
Patna High Court CR. MISC. No.65174 of 2025(2) dt.12-09-2025 3/3 under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T