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Patna High CourtCR. MISC./28759/2025bail granted

Ramnath Kumar @ Ramnath Rai v. The State Of Bihar

2025-07-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28759 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Ramnath Kumar @ Ramnath Rai S/o- Chanarik Rai @ Chanarik Ray Resident of village- Sabalpur Gulmehiya Chak PS- Nadi District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Buxar Mufassil P.S. Case No. 90 of 2025, instituted for the offences punishable under Sections 318(4), 303(2), 317(2), 3(5) 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, 409.320 liters liquor was recovered from car and the petitioner was apprehended on spot.

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.28759 of 2025(3) dt.22-07-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned cousnel for the petitioner also submits that the petitioner is driver of the car in question and he has got no knowledge with regard to the nature of goods loaded in the car. The petitioner is in custody since 28.02.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar Mufassil P.S. Case No. 90 of 2025.

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