Bimlesh Kumar @ Rohit Kumar @ Bilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16637 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- NAYAGAON District- Saran ====================================================== Bimlesh Kumar @ Rohit Kumar @ Bilesh Kumar Son of Budhan Ray Resident of Village - Bariyarchak, P.S. - Nayagaon, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhumala Kumari, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nayagaon PS Case No. 257 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 90 litres of country made liquor was recovered from the bushes and 5000 litres of raw material was destroyed at the spot. 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 that recovery is made from an open place, which is accessible to

Patna High Court CR. MISC. No.16637 of 2025(2) dt.19-03-2025 2/2 one and all. The petitioner is in custody since 29.01.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail by this Court vide order dated 12.02.2025 passed in Cr. Misc. No. 6653 of 2025.

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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nayagaon PS Case No. 257 of 2024.

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