Ram Balak Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54970 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- SIRARI District- Sheikhpura ====================================================== 1.

Ram Balak Kewat S/O Late Bhagirath Kewat R/O Vill.- Beldariya Tola Bhadus, P.S.- Sirari, Dist.- Sheikhpura 2.

Ashwini Kewat S/O Ram Kewat @ Sita Ram Kewat R/O Vill.- Beldariya Tola Bhadus, P.S.- Sirari, Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seeks bail in connection with Sirari PS Case No. 52 of 2025 instituted for the offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 35 litres of country made liquor and manufacturing articles were recovered from near the pond.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.54970 of 2025(2) dt.14-08-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that local chowkidar disclosed the name of the petitioners. The petitioners are in custody since 28.06.2025. Petitioner no. 1 has six criminal antecedents and in all the cases he is on bail and petitioner no. 2 has two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sirari PS Case No. 52 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T