Rampati Kumar @ Santosh Kumar @ Rampati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37579 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- Lakho District- Begusarai ====================================================== Abnish Singh @ Abnish Kumar S/O Ramkishore Singh R/O MohallaSarvoday Nagar Ward no. 40, PS-Nagar, Distt-Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37724 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- Lakho District- Begusarai ====================================================== Sanni Kumar @ Sunny Kumar S/o Sri Ram Padarath Singh @ Ram Padarath Singh Resident of Village - Bishnupur, Ward No. 42, P.S. - Town, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38055 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- Lakho District- Begusarai ====================================================== Rampati Kumar @ Santosh Kumar @ Rampati S/O Arvindr Kunwar @ Arbind Singh @ B.P Singh @ Aravind Kumar @ Arvind Kumar Resident of Village- Mithila Nagar Kalisthan Bisnupur @ Bisnpur, Mohan Eghu, Ward no- 42, P.S- Town(Begusarai) ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 37579 of 2025) For the Petitioner/s :
Mr. Shubhesh Pandey, Adv.
For the State :
Mr. Manoj Kumar, APP (In CRIMINAL MISCELLANEOUS No. 37724 of 2025) For the Petitioner/s :
Mr. Madhurendra Kumar, Adv.
2/4 For the State :
Mr. Rajesh Kumar, APP (In CRIMINAL MISCELLANEOUS No. 38055 of 2025) For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the State :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-06-2025 As these bail applications have arisen from the same police station case number, hence, with consent of the parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APPs for the State.
3. The petitioners seek bail in a case registered for the offences punishable u/s 111 of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
4. A perusal of the FIR and the seizure list would go to show that 5 litres of beer is said to have been recovered from Astha restaurant of Sunny Kumar against whom it is stated that he managed to escape, whereas 8 to 10 persons, who were seated in the restaurant, were arrested including the petitioners.
5. Learned counsel for the petitioners submits that no recovery has been made from the conscious and physical possession of the petitioners and none of them are the owners of the said restaurant rather the owner of the restaurant,
3/4 namely, Sanni Kumar S/o Uma Shankar Singh, as per the FIR itself, had managed to escape. It is further submitted that the process of search and seizure also amounts to violation of the mandatory provisions as there is no independent witness to the said seizure. It is also pointed out that two other similarly situated co-accused persons have already been granted the privilege of bail vide order dated 28.05.2025 passed in Cr. Misc. No. 36586 of 2025 and the present petitioners have been languishing in custody since 01.05.2025.
6. Learned APP for the State, however, opposes the prayer for regular bail on the ground that the petitioners, namely, Abnish Singh and Rampati Kumar have criminal antecedents. In response to the same, it is submitted on behalf of the petitioners that both the petitioners are on bail in other cases which are pending against them, whereas petitioner Sanni Kumar has no criminal antecedent.
7. Considering the above-mentioned facts and circumstances, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below
4/4 where the case is pending/successor Court in connection with Lakho P.S. Case No. 82 of 2025.
(Soni Shrivastava, J) divyanshi/- U T