Ramkishun Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33503 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Ramkishun Ram S/O Late Nageshwar Ram Resident of Village- Kolwara @ Golwara, P.S.- Saraiya, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Bhagwanpur P.S. Case No. 86 of 2025 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.
3. As per allegation in the FIR, on the alleged date of occurrence, police got secret information regarding one pickup vehicle loaded with illicit liquor got punctured thereafter, police team proceeded towards place of occurrence and arrested the petitioner. On search, 730 liters illicit liquor was seized from the vehicle.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.33503 of 2025(2) dt.26-05-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner is driver and vehicle was loaded by the transporter about which petitioner has no knowledge about keeping of illicit liquor inside the vehicle. Petitioner is not the registered owner of the vehicle. Provision of Section 103 and 105 of the BNSS has not been followed by the police officials while preparing the seizure list. Moreover, he is languishing in judicial custody since 30.03.2025.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cum-District and Additional Sessions Judge, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 86 of 2025 with following conditions:
Patna High Court CR. MISC. No.33503 of 2025(2) dt.26-05-2025 3/3 (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court. (S. B. Pd. Singh, J) sushma/- U