Umesh Ram @ Umesh Kumar @ Umesh Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35880 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- ARERAJ District- East Champaran ====================================================== Umesh Ram @ Umesh Kumar @ Umesh Kumar Ram R/o Harendra Ram R/o Areraj Ward No.- 1, Dharam Das, Pokhara, P.S.- Areraj, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Areraj P.S. Case No. 56 of 2025 instituted for the offences punishable under Sections 274, 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 110.57 litres of liquor has been recovered near pokhara.
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 rather the recovery has been made from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.35880 of 2025(3) dt.23-06-2025 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 16.03.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The co-accused person has already been granted bail by this Court vide order dated 15.05.2025 passed in Cr. Misc. No. 32209 of 2025.
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, 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 Areraj P.S. Case No. 56 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T