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2025 DAILYLAW 56090 (PAT)

Ravindra Kumar v. The State of Bihar

CR. MISC./43485/2025 · 2025-07-01

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43485 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Ravindra Kumar S/o Suresh Kumar Village- Gogan, P.S.- Nemdarganj, District- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Suruchi Anand, Adv. For the Opposite Party/s : Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 01-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 52 of 2025 registered for the offences punishable under Sections 30(a) & 47 of the Bihar Prohibition & Excise Act. 3. As per prosecution case, the police has recovered total 122 liters of illicit foreign liquor in this case out of which 18 liters of foreign liquor was recovered from two cars, 74 liters of foreign liquor from community hall whereas 30 liters of country-made Chulai liquor was recovered from the sugarcane field. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.43485 of 2025(2) dt.01-07-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his conscious possession. The name of the petitioner has transpired in this case on the basis of the disclosures made by the apprehended co-accused. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence or the seized liquor. The petitioner has also no concern with the seized vehicles. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. 5. Learned counsel for the petitioner further submits that the co-accused Mukesh Kumar Mehta @ Mukesh Kumar has been granted regular bail by this Court vide order dated 24.03.2025 passed in Cr. Misc. No. 17439 of 2025. 6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner above- named, in the event of his arrest or surrender before the learned Patna High Court CR. MISC. No.43485 of 2025(2) dt.01-07-2025 3/3 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise P.S. Case No. 52 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. rishi/- (Rudra Prakash Mishra, J) U T