Devendra Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86366 of 2025 Arising Out of PS. Case No.-433 Year-2025 Thana- BETTIAH CITY District- West Champaran ====================================================== Devendra Giri Son of Suresh Chandra Giri @ Suresh Chandr Giri Resident of Village - Fulliyakhand (Fuliyakhar), Ward No.- 09, Police Station - Bairia, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the State :
Mr. Akshay Lal Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bettiah Town Police Station Case No. 433 of 2025, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that on 04.09.2025, police received secret information that a person was transporting foreign liquor on a motorcycle near Baswaria Petrol Pump. On such information, vehicle checking was initiated near Baswaria Petrol Pump. At that time, a person on a motorcycle was seen coming from the Nautan
Patna High Court CR. MISC. No.86366 of 2025(2) dt.23-12-2025 2/3 road, attempted to flee and managed to escape in a densely populated area. On search of abandoned motorcycle total, 3.960 litres of foreign liquor was recovered from the 'Dicki' of motorcycle bearing Registration No. BR22 BP8342.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has come only on the basis of the fact that he is registered owner of the seized motorcycle bearing Registration No. BR22BP8342. Learned counsel next submits that his friend had borrowed the motorcycle for urgent work. Petitioner had no knowledge about the alleged recovery of illicit liquor. Nothing has been recovered from the conscious possession of the petitioner.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the vehicle was borrowed by petitioner's friend, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.86366 of 2025(2) dt.23-12-2025 3/3 satisfaction of learned Special Judge (Excise), 1st, Bettiah, West Champaran, in connection with Bettiah Town Police Station Case No. 433 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita. (Anil Kumar Sinha, J) Siwani/- U T