Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23509 of 2025 Arising Out of PS. Case No.-438 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Dharmendra Kumar Son of Madan yadav Village - Korthu, Ps- Telhara, Dist- Jehanabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 30-04-2025 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 Ghoshi P.S. Case No. 438 of 2024, lodged on 26.08.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 30 liters of country made liquor is the subject matter of the present case. The name of the petitioner has been figured by virtue of disclosure made by chawkidaar.
4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.23509 of 2025(2) dt.30-04-2025 2/2 the petitioner is innocent and nothing has been recovered from his possession. At the instance of the chawkidaar, his name has figured in this case. Counsel submits that there is one criminal antecedent of the petitioner but the said antecedent is not of Excise matter rather it is under the B.N.S. Act in which he is on bail.
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 learned Exclusive Special Excise Court-I, Jehanabad, in connection with Ghoshi P.S. Case No. 438 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
Neha/- (Dr. Anshuman, J) U T