Ram Kumar @ Rama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76367 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- Lakho District- Begusarai ====================================================== Ram Kumar @ Rama Kumar S/o Rambinay Ray @ Ram Vinay Ray R/o Village- Paharpur Tola Dhabauli @ Dhobauli, P.O.- Dhabauli, Ward NHo. 13, P.S.- Lakho, District- Begusarai, State- Bihar, PIN- 851129 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Adv For the Opposite Party/s :

Mr. Surendra Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakho P.S. Case No. 171 of 2025, instituted for the offences punishable under Sections 30(a), 41(1), 47 of the Bihar Prohibition and Excise Act, 2022 and 61(2) of BNS.

3. The prosecution case, in short, is that 1399.68 liters of foreign liquor was recovered from one co-accused person namely, Lalan Kumar.

4. Learned counsel for the petitioner submits that the 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

Patna High Court CR. MISC. No.76367 of 2025(2) dt.10-11-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that apprehended co-accused person disclosed the name of the petitioner. It is further submitted that recovery is made from the co-accused person and not from the petitioner. The petitioner is in custody since 09.09.2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakho P.S. Case No. 171 of 2025.

(Rudra Prakash Mishra, J) krishnakant/- U T