Satyendra Kumar @ Satyendra Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20153 of 2025 Arising Out of PS. Case No.-548 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Satyendra Kumar @ Satyendra Kumar Ram son of Bishun Ram @ Vishun Ram Resident of village - Jaisinghpur Retwa, Ps- Turkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Turkauliya PS Case No. 548 of 2024 instituted for the offences under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 41(i) & 37 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 60 liters country made liquor was recovered from several plastic bags and a motorcycle.

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.20153 of 2025(2) dt.03-04-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner is not the owner of the motorcycle in question and he was merely passerby and has become the victim of the circumstances. The petitioner is in custody since 26-12-2024 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by this Court vide order dated 25-03-2025, passed in Cr. Misc. No. 17519 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, clean antecedent of the petitioner 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 Turkauliya PS Case No. 548 of 2024.

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