Patna High CourtCR. MISC./15873/2025bail granted

Ramji Saw v. The State Of Bihar

2025-04-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15873 of 2025 Arising Out of PS. Case No.-258 Year-2024 Thana- EXCISE MASAUDHI District- Patna ====================================================== Ramji Saw Son of Late Nageshwar Saw village- Sevanan, Ps- Karauna Op, Dist- jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shalini, Advocate Md. Khalid Quraishi, Advocate For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 1792 of 2024, arising out of Excise Masaurhi P.S. Case No. 258 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 120 liters liquor was recovered from motorcycle and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this 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. Learned counsel for the

Patna High Court CR. MISC. No.15873 of 2025(2) dt.02-04-2025 2/2 petitioner also submits that the petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 03.05.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 05.07.2024 passed in Cr. Misc. No. 46364 of 2024. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Case No. 1792 of 2024, arising out of Excise Masaurhi P.S. Case No. 258 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T