Patna High CourtCR. MISC./63909/2025bail granted

Ram Sanehi Bhagat @ Bijendra Bhagat v. The State Of Bihar

2025-09-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63909 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- MEHSI District- East Champaran ====================================================== Ram Sanehi Bhagat @ Bijendra Bhagat, S/o Basdev Bhagat @ Basdeo Bhagat, R/o Village- Bathna, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khushi Awadh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Mehsi P.S. Case No. 161 of 2025 registered for the alleged offence under Section 30 (a) of the Bihar Prohibition Act and Excise Act.

3. As per prosecution case, police received information about the petitioner transporting illicit liquor on his Scorpio vehicle. The petitioner fled away leaving behind his vehicle on seeing the police party and on search of the vehicle, total recovery of 311.400 liters of Indian made foreign liquor was made.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.63909 of 2025(2) dt.23-09-2025 2/3 case. The petitioner was not apprehended from the spot. The petitioner has no concern with the seized liquor. The petitioner is neither the driver nor the owner of the offending vehicle. Nothing incriminating has been recovered from the person/possession of the petitioner. The petitioner is in custody since 17.07.2025 and is having antecedent of nine cases. The charge sheet has been submitted.

5. Learned A.P.P. opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that the petitioner was not apprehended from the spot and no recovery has shown from him and further considering the period of custody of the petitioner along with submission of charge sheet, the petitioner is directed to 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 learned Exclusive Special Excise Court No. 3, East Champaran at Motihari, in connection with Mehsi P.S. Case No. 161 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be the close relative

Patna High Court CR. MISC. No.63909 of 2025(2) dt.23-09-2025 3/3 of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T