Patna High CourtCR. MISC./35952/2025bail granted

Suleshwar Bin v. The State Of Bihar

2025-06-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35952 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- RAGHUNATHPUR District- Siwan ====================================================== Suleshwar Bin son of Late BoJhilal Bin @ Mojhilal Bin Resident of VillageGabhirar Bin Tola P.S. -Raghunathpur district- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Raghunathpur P.S. case No. 58 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 162.5 liters liquor was recovered from orchard.

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 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from an orchard, which

Patna High Court CR. MISC. No.35952 of 2025(2) dt.20-06-2025 2/2 is an open place accessible to one and all. The petitioner is in custody since 06.03.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Coaccused has been granted bail by this Bench vide order dated 07.05.2025 passed in Cr. Misc. No. 29905 of 2025.

5. Learned A.P.P. 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 Raghunathpur P.S. case No. 58 of 2025.

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