Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51322 of 2025 Arising Out of PS. Case No.-314 Year-2025 Thana- BEUR District- Patna ====================================================== Ramesh Kumar Son of Late Satya Narayan Ram Resident of Village - Digha, Kurji Balupar, Ganga Nagar, P.S.- Digha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Beur P.S. Case No. 314 of 2025 instituted for the offences punishable under Sections 317(5), 338, 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 609.430 litres of of liquor was recovered from Hyundai Car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further

Patna High Court CR. MISC. No.51322 of 2025(2) dt.05-08-2025 2/2 submitted that petitioner is the driver of the vehicle in question and had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 24.06.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The coaccused person has already been granted bail by this Court vide order dated 28.07.2025 passed in Cr. Misc. No. 48296 of 2025.

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, claim based on parity 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beur P.S. Case No. 314 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T