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Patna High CourtCR. MISC./6747/2025bail granted

Ramesh Kumar @ Ramesh Chaudhary @ Ramesh Kumar Ram @ Rajesh Kumar v. The State Of Bihar

2025-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6747 of 2025 Arising Out of PS. Case No.-745 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Ramesh Kumar @ Ramesh Chaudhary @ Ramesh Kumar Ram @ Rajesh Kumar S/O Shiv Jee Pasi Resident of Village - Hussainganj Ward No. 05, P.S. - Hussainganj, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Siwan Excise PS Case No. 745 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 60 litres of country made liquor along with instrument pots of preparing liquor was recovered from the house of the petitioner and 1000 litres of Jawa Mahua was destroyed.

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 no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.6747 of 2025(2) dt.13-02-2025 2/2 that recovery is made from the joint house of the petitioner where the other family members also reside. The petitioner is in custody since 24.11.2024 and has got two criminal antecedents in which he is on bail. 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 petitioner. 6.

Considering the aforesaid facts and circumstances of the case 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 Siwan Excise PS Case No. 745 of 2024.

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