Surendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32587 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- MAJORGANJ District- Sitamarhi ====================================================== Surendra Ram S/o Late Sudan Ram @ Late Sudhan Ram R/o vill - Majorganj, ward no. 6, P.s.- Majorganj, Distt.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable u/s 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.
3. The recovery of total 162 litres of Nepali liquor has been shown from the gunny bags which were allegedly thrown away by the petitioner and others.
4. Learned counsel for the petitioner submits that the petitioner was only travelling and as a matter of fact, he had nothing to do with the seized liquor. Even as per the allegation, the bags were thrown on the road and hence, there is no recovery from the physical and conscious possession of the petitioner. It is further submitted that the process of search and
Patna High Court CR. MISC. No.32587 of 2025(2) dt.21-05-2025 2/2 seizure also amounts to violation of the mandatory provisions as there is no independent witness to the said seizure. It is next submitted that the petitioner no criminal antecedent and he has been languishing in custody since 07.02.2025.
5. Learned APP for the State opposes the prayer for bail. 6.
Considering the above-mentioned facts and circumstances, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Majorganj P.S. Case No. 39 of 2025.
(Soni Shrivastava, J) divyanshi/- U T