Rampravesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3964 of 2025 Arising Out of PS. Case No.-103 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== Rampravesh Sah Son of Late Jainarain Sah @ Jaynarayan Prasad villageMehwa, Ps- Sugauli, Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sugauli PS Case No. 103 of 2019 instituted for the offences under Sections 272, 273, 34 of IPC and 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 30 litres of country made liquor was recovered from sugarcance field whereas 22 litres country made liquor was recovered from bamboo orchard.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.3964 of 2025(6) dt.30-01-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that local people disclosed the name of the petitioner. The Petitioner has surrendered himself before the Court itself. The petitioner is in custody since 20.11.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sugauli PS Case No. 103 of 2019.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T