Ram Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56705 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- ATRI District- Gaya ====================================================== Ram Kanhaiya Kumar S/o Shravan Prasad @ Shrvan Yadav, Resident of Village- Milkipar, P.O.- Jagdishpur Tiyari, P.S.- Noorsarai, Dist.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Piyush Kant Singh, Advocate.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Atri P.S. Case No.205 of 2025, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 1460 liter English wine and beer from Tata Magic van.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is neither owner nor driver or khalasi of the vehicle in question. Learned counsel submits that petitioner was neither arrested from the vehicle in question nor from the place of occurrence rather he has been

Patna High Court CR. MISC. No.56705 of 2025(2) dt.21-08-2025 2/2 arrested from the market. He further submits that there is no independent witness of the seizure list. Learned counsel submits that petitioner is in custody since 25.05.2025, having one criminal antecedent which does not belong to Excise Act, in which, he is on bail. He further submits that there is no chance of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 learned Additional District and Sessions Judge-cum-Special Judge, Excise-1, Gaya Jee in connection with Atri P.S. Case No.205 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T