Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1799 of 2025 Arising Out of PS. Case No.-405 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Ramesh Kumar, S/O Late Bhagwan Das, R/O Village- Renu Chak, P.S- Nath Nagar, Distt.- Bhagalpur, Used to Reside at- Village and P.S- Matihani, Distt.- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shubhesh Pandey, Advocate For the Opposite Party :

Mr. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-03-2025 This matter has been listed under the heading 'For Orders (on office notes)'.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks bail in connection with Begusarai Excise P.S. Case No. 405 of 2024 dated 20.11.2024 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per the prosecution case, total 315 litres of foreign liquor is said to have been recovered from two Thela vehicles and one Mini Container.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.1799 of 2025(2) dt.03-03-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no concern with the alleged offence. He was not apprehended on the spot. The Mini Container and Thela vehicles also does not belong to the petitioner. It is further submitted that just after the birth of the petitioner, his parents had died and he started living at the Railway Platform, in the meantime, one Mr. Chandrachud Singh took him at his house where he is residing for last 30 years and working in the field and carrying the cattle but due to some dispute with the family of Mr. Chandrachud Singh, he has been ousted from the family and since then he started residing in the family of Kishore Singh of the same village as a servant. He has been arrested only on suspicion. No incriminating article has been recovered from his possession. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 21.11.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.1799 of 2025(2) dt.03-03-2025 3/3 the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Begusarai in connection with Excise P.S. Case No. 405 of 2024.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T