Patna High CourtCR. MISC./42293/2025bail granted

Chiraiya Ram @ Chirai Ram v. The State Of Bihar

2025-07-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42293 of 2025 Arising Out of PS. Case No.-356 Year-2025 Thana- KADAMKUAN District- Patna ====================================================== Chiraiya Ram @ Chirai Ram S/o Kapil Ram R/o Mohalla- Machua Toli, Domkhana, P.S.- Kadamkuan, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kadamkuan P.S. Case No. 356 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 40 liters liquor was recovered from four polythene outside the house of the petitioner and he was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.42293 of 2025(2) dt.08-07-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that alleged recovery has been made outside the house of the petitioner which is an open place and the same is easily accessible to the public at large. The petitioner is in custody since 26.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kadamkuan P.S. Case No. 356 of 2025.

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