Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67155 of 2025 Arising Out of PS. Case No.-239 Year-2025 Thana- JOKIHAT District- Araria ====================================================== 1.

Ramesh Kumar S/O Ram Padarath Ray Resident of Mirganj Nagar, Dogra ward No. 12, P.S.- Mahua, Dist.- Vaishali.

2.

Nitesh Kumar S/O Naresh Ray Resident of Mirganj Nagar, Dogra ward No. 12, P.S.- Mahua, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in connection with Jokihat P.S Case No. 239 of 2025 registered for the offences punishable under Sections 318(4) of the BNS 2023 and under Section 30(a) of Bihar Prohibition and Excise Act, 2022 (Amendment).

3. As per prosecution case, total 474 litre illicit liquor was recovered from the vehicle.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is

Patna High Court CR. MISC. No.67155 of 2025(2) dt.24-09-2025 2/2 further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. On perusal of seizure list, there is no independent witness. Petitioners have got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since 22.07.2025

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Araria in connection with Jokihat P.S Case No. 239 of 2025. (Ramesh Chand Malviya, J) Mayank/- U T