Ramesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34488 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- DARPA District- East Champaran ====================================================== Ramesh Ray son of Shivshankar Ray Resident of village - Narkatiya, PsDarpa, dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Darpa P.S. Case No.67 of 2025 lodged on 26.03.2025 under Sections 274, 275 and 3(5) of the BNS read with sections 30(a) and 30(C) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, the total recovery of 120 litres of countery-made liquor have been alleged to be made from the bank of a river, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner has been falsely implicated in the present case. He further submits that nothing has been recovered

Patna High Court CR. MISC. No.34488 of 2025(2) dt.03-06-2025 2/2 from conscious possession of the petitioner. He further submits that petitioner's name has figured in this case at the instance of police when petitioner started fleeing away from the place of recovery.

5. Learned Counsel further submits that petitioner is in custody since 26.03.2025 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail and submits that the petitioner's antecedent is clean.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court No.02, Motihari, East Champaran in connection with Darpa P.S. Case No.67 of 2025, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T