Ramvinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42901 of 2026 Arising Out of PS. Case No.-67 Year-2026 Thana- DARPA District- East Champaran ====================================================== Ramvinay Kumar S/o Ramprit Mahto R/o Village - Badhaiya Tola, P.s. - Aadapaur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP. for the State.

2. In the present case, the petitioner seeks bail in connection with Darpa P.S. Case No. 67 of 2026, registered on 02.04.2026 for the offences under Sections 274/275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, petitioner was apprehended and from his possession 30 litres of chulai liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that nothing incriminating has been recovered from person or

Patna High Court CR. MISC. No.42901 of 2026(2) dt.01-07-2026 2/3 possession of the petitioner. It is apparent from the FIR that recovery has been made from an open place which was near a bridge and the petitioner was not apprehended from the spot. Learned counsel also submits that due to criminal antecedents of the petitioner, the petitioner has been made accused in this case. The petitioner is in custody since 03.04.2026.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of recovery and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, East Champaran, Motihari/concerned court, in connection with Darpa P.S. Case No. 67 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court

Patna High Court CR. MISC. No.42901 of 2026(2) dt.01-07-2026 3/3 below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T