Ramesh Chandra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19258 of 2025 Arising Out of PS. Case No.-662 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Ramesh Chandra S/o Lal Singh Resident of Village- Ghaghaaukalan, Darapur, Milavli, P.O. and P.S.- Firozabad, District- Firozabad (Uttar Paradesh) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Sunil, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Mohania PS Case No. 662 of 2022 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. Earlier vide order dated 13-09-2024, passed in Cr. Misc. No. 56163 of 2024, anticipatory bail of the petitioner was dismissed as not maintainable.
3.
The prosecution case, in short, is that 2634.36 liters foreign liquor was recovered from truck.
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
Patna High Court CR. MISC. No.19258 of 2025(2) dt.28-03-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Name of the petitioner has surfaced in this case as being registered owner of the truck in question and he had no knowelge regarding the goods loaded in the vehicle. The petitioner is in custody since 07-02-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.
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 Mohania PS Case No. 662 of 2022.
(Rudra Prakash Mishra, J) Raj Kishore/- U T