Chitranjan Pandey @ Chitranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85735 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Chitranjan Pandey @ Chitranjan Kumar Son of Ramakant Pandey R/O.Village- Bagra PO- Belwa PS- Kotwa Distt -East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Sidhwaliya P.S. Case No. 371 of 2023, lodged on 15.12.2023, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 263.160 litres of foreign liquor is from strange place and recovery of 8.640 litres of foreign liquor from the dickey of the motorcycle
Patna High Court CR. MISC. No.85735 of 2024(3) dt.13-05-2025 2/3 have been made which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the stand of the petitioner is that he has already sold the motorcycle to other person, but prior to preparation of document such incident took place. Counsel submits that antecedent of the petitioner is clean and he is nowhere involved in such crime. Counsel further submits that nothing has been recovered from the possession of the petitioner save and except the only recovery from his motorcycle i.e. 8.640 liters and about the said motorcycle he submits that he has sold the same to other. Counsel submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Additional Sessions Judge-XIII-cum-Special
Patna High Court CR. MISC. No.85735 of 2024(3) dt.13-05-2025 3/3 Excise Court No.I, Gopalganj, in connection with Sidhwaliya P.S. Case No. 371 of 2023, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T