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2025 DAILYLAW 23202 (PAT)

Jhalo Devi v. The State of Bihar

CR. MISC./13235/2025 · 2025-03-28

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13235 of 2025 Arising Out of PS. Case No.-532 Year-2024 Thana- KONCH District- Gaya ====================================================== Jhalo Devi W/O Vinay Chaudhary @ Sanjay Chaudhary R/O Village- Dhivari, P.S- Kaonch, Distt.- Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 28-03-2025 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 Konch P.S. Case No. 532 of 2024, lodged on 22.12.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. As per the prosecution, FIR has been lodged against the present petitioner. Total recovery of 12 liters of country- made liquor and 110 liters of Java Mahua has been made which is the subject matter of the present case. 4. Learned Counsel for the petitioner submits that the Patna High Court CR. MISC. No.13235 of 2025(2) dt.28-03-2025 2/2 petitioner is innocent and has committed no offence. Counsel submits that petitioner was not apprehended from the place of occurrence. Counsel submits that the criminal antecedent of the petitioner is clean. Counsel further submits that 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 and fairly submits that antecedent of the petitioner is clean. 6. 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 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 Exclusive Special Judge, Excise Court No.04, Gaya, in connection with Konch P.S. Case No. 532 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. Mkr./- (Dr. Anshuman, J) U T