Patna High CourtCR. MISC./26797/2026allowed

Ramesh Kumar v. The State Of Bihar

2026-04-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26797 of 2026 Arising Out of PS. Case No.-92 Year-2026 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ramesh Kumar S/O Rajaram Yadav R/O Tipura,P.S- Bihiya,Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act (Amendment).

3. The case of the prosecution, in short, is that from Katiya Narayanpur Road, altogether 80 liters of country made liquor was recovered. It is alleged that two persons were coming on a bike and they have thrown a sack which contained this liquor. Petitioner was apprehended on the spot.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession. The

Patna High Court CR. MISC. No.26797 of 2026(2) dt.22-04-2026 2/2 seizure list witnesses are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 24.02.2026.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.-II, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 92 of 2026. (Ashok Kumar Pandey, J) lata/- U T