Ravi Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65460 of 2025

Arising Out of PS. Case No.-289 Year-2025 Thana- KHAJEKALA District- Patna

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Ravi Kumar son of Dhurav Prasad Gupta @ Dhrup Lal @ Dhuruv Prasad Gupta Resident of Danka Kuncha, Sadar Gali PO -Jhauganj PS -Khajekala District -Patna

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... ... Petitioner/s

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Versus

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The State of Bihar bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan For the Opposite Party/s : Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 24-09-2025

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner is apprehending his arrest in connection with Khajekalan P.S. Case No. 289 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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As per prosecution case, 34.380 litre illicit liquor was recovered from the Thela found at the place of occurrence. Apprehended co-accused Dhananjay Kumar disclosed that coaccused Vicky Kumar fled away from the place of occurrence and he is an employee in the shop of petitioner.

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Learned counsel for the petitioner submits that petitioner has no concern with the thela from which the alleged

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Patna High Court CR. MISC. No.65460 of 2025(2) dt.24-09-2025 2/3

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recovery has been made. Petitioner has no knowledge regarding the said occurrence. He was not present at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of BNSS. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner has nothing to do with the alleged recovery. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears no criminal antecedent.

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The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special

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Patna High Court CR. MISC. No.65460 of 2025(2) dt.24-09-2025 3/3

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Court of Excise, Patna City in connection with Khajekalan P.S. Case No. 289 of 2025, subject to the conditions as laid down

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under Section 482 (2)of BNSS.

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