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Patna High CourtCR. MISC./32156/2025bail granted

Roshan Kumar @ Raushan Kumar v. The State Of Bihar

2025-05-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32156 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Roshan Kumar @ Raushan Kumar son of Hardev Ram @ Hardev Rai village - Vishwanathpur P.S. - Dumra, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 86 of 2025 instituted for the offences punishable under Sections 317(2) of the BNS and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 221.25 litres of liquor was recovered from Santro Car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. The petitioner has

Patna High Court CR. MISC. No.32156 of 2025(2) dt.15-05-2025 2/2 got no concern with the alleged recovery of liquor. The petitioner is in custody since 08.03.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa P.S. Case No. 86 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T