Patna High CourtCR. MISC./40838/2025bail granted

Jiut Ram v. The State Of Bihar

2025-07-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40838 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- SANICHARI District- West Champaran ====================================================== Jiut Ram Son of Late Manirka Ram Village- Sabeya kala, ward No 11 PS -Sirisiya District -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sanichari P.S. Case No. 19 of 2025 instituted for the offences under Sections 274 and 275 of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered total 15 liters of illicit country-made liquor from the motorcycle. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case only on account of suspicion and dirty party politics. The petitioner is not the owner of the alleged motorcycle. He further

Patna High Court CR. MISC. No.40838 of 2025(2) dt.02-07-2025 2/2 submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 09.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Sanichari P.S. Case No. 19 of 2025.

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