Ramesh Kumar @ Jhotaila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45261 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Ramesh Kumar @ Jhotaila, S/o Sanjay Rai @ Sanjay Ray, R/o VillageDiwan Mohalla, Nauzar Katra, P.S.- Khajekalan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Khajekalan P.S. Case No. 142 of 2025 dated 04.04.2025 registered for the offences punishable u/ss Sections 317(5) read with Section 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 112 litres of country made liquor was recovered from the scooty bearing Registration No. BR01DJ2796.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.45261 of 2025(2) dt.15-07-2025 2/3 this case on suspicion. Petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is neither the driver of the seized scooty nor owner and the seized liquor was recovered from the cowshed which does not belong to the petitioner. The petitioner has six criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 21.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned/Exclusive Special Court of Excise, Patna City, Patna, in connection with Khajekalan P.S. Case No. 142 of 2025, with the condition;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.45261 of 2025(2) dt.15-07-2025 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) khushbu/- U T