Patna High CourtCR. MISC./21698/2025bail granted

Ganesh Kumar Ray v. The State Of Bihar

2025-04-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21698 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Excise Benipatti District- Madhubani ====================================================== Ganesh Kumar Ray S/O Kishori roy Resident of Village- Dhanga, Ward No. 14, P.S- Arer, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Benipatti Excise P.S. case No. 25 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 630 liters liquor was recovered from plastic bags.

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 further submitted that recovery is made from mango orchard,

Patna High Court CR. MISC. No.21698 of 2025(2) dt.08-04-2025 2/2 which is an open place, accessible one and all. The petitioner is in custody since 08.02.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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, clean antecedent 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 Benipatti Excise P.S. case No. 25 of 2025.

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