Harinandan Ram @ Harinand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3856 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== 1.

Harinandan Ram @ Harinand Ram S/o Late Gena Ram Resident of villageTinpheria, P.S. - Tareya Sujan, Distt.- Kushinagar (U.P) 2.

Alauddin Ansari S/o Aazad Ansari @ Azad Alam R/o Banjari More, ward no. 12, P.S. - Gopalganj, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

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

2.

The petitioners seek bail in connection with Vishambharpur PS Case No. 146 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 392.600 litres of foreign liquor was recovered from motorcycle and bolero.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.3856 of 2025(6) dt.30-01-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the owner of the motorcycle. It is further submitted that seized bolero belongs to co-accused Bhim Yadav. The petitioners are in custody since 02.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

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

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

7.

Let the petitioners 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 Vishambharpur PS Case No. 146 of 2024.

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