Ramashray Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54984 of 2025 Arising Out of PS. Case No.-121 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== Ramashray Thakur S/O Late Sukhdev Thakur R/O Village- Bhekhpurwa Lehji, Hasanpura, P.S.- Pachrukhi, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nabinagar PS Case No. 121 of 2024 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 279, 337, 338, 427 of the Indian Penal Code (for short 'IPC'). Earlier on two occasions, anticipatory bail of the petitioner was rejected by a Co-ordinate Bench of this Court vide orders dated 17-03-2025 & 18-07-2025, passed in Cr. Misc. No. 2534 of 2025 & Cr. Misc. No. 47878 of 2025. 3.

The prosecution case, in short, is that 280.8 liters foreign liquor was recovered from Bolero.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54984 of 2025(2) dt.14-08-2025 2/2 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 no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has surfaced in this case as being onwer of the vehicle in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 23-07-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5.

Learned A.P.P. 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, clean antecedent of the petitioner 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nabinagar PS Case No. 121 of 2024.

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