Jairam Kumar @ Jai Ram Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23029 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Jairam Kumar @ Jai Ram Sahani Son of Bishun Dayal Sahani villageMushwa Bhedihari Ps -Sugauli District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Banjariya PS Case No. 56 of 2025 instituted for the offences under Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 20 liters country made liquor was recovered from 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 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 motorcycle in question does not

Patna High Court CR. MISC. No.23029 of 2025(2) dt.17-04-2025 2/2 belong to the petitioner and he has become victim of the circumstances. The petitioner is in custody since 24-01-2025 and has got one 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 Banjariya PS Case No. 56 of 2025.

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