AT PATNA CRIMINAL MISCELLANEOUS No. 58515 of 2025 · Patna High Court
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA Mr. Abhay Kumar Singh, Advocate Ms. Meena Singh, APP ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Magadh Medical P.S. Case No. 109 of 2021, instituted under Sections 30(a), 37(2) of the Bihar Prohibition and Excise Act.
As per the prosecution case, 330 litre illicit liquor along with other materials used for manufacturing the wine were recovered from a wheat field adjacent to the house of the co-accused Ram Ratan Kumar Yadav who was apprehended on the spot. He disclosed the name of the petitioner as he fled away from the spot. He is involved in the trade of illicit liquor.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this Patna High Court CR. MISC. No.58515 of 2025(2) dt.22-09-2025 case due to ulterior motives. Petitioner has inimical term with the co-accused. He has no concern either with the seized liquor or with the place of occurrence. He was not present on the spot. No incriminating material has been recovered from his possession. Petitioner has three criminal antecedents which do not belong to the Excise Act. He undertakes to co-operate in the investigation and trial.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise, Court No. 4, Gaya in connection with Magadh Medical P.S. Case No. 109 of 2021, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. rakhi/- U T (Sunil Dutta Mishra, J.)
Precedent status how later indexed judgments have treated this case
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