Bhola Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58112 of 2025 Arising Out of PS. Case No.-439 Year-2025 Thana- GARKHA District- Saran ====================================================== Bhola Ram S/o Kuldip Ram, R/o Village- Bagahi, P.S.- Garkha, DistrictSaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 10 litres of illicit country made liquor near the Palani of petitioner and petitioner was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion since petitioner has got three criminal antecedents of similar nature. Further submission is that the recovery is made from an open place which is easily accessible to public at large. Petitioner has no concern with the alleged seized liquor and the place of occurrence. Nothing has been

Patna High Court CR. MISC. No.58112 of 2025(3) dt.25-09-2025 2/3 recovered from conscious possession of the petitioner. Petitioner has three criminal antecedents, in which he is on bail. There is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 12.06.2025 and he undertakes to cooperate in the investigation and trial.

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

6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Garkha P.S. Case No.439 of 2025 with further conditions:- (i) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bond;

Patna High Court CR. MISC. No.58112 of 2025(3) dt.25-09-2025 3/3 (iii) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bond. (Sunil Dutta Mishra, J) Ritik/- U T