Patna High CourtCR. MISC./1424/2025bail granted

Surrendra Ram @ Surrendar Ram @ Surendar Ram v. The State Of Bihar

2025-01-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1424 of 2025 Arising Out of PS. Case No.-151 Year-2024 Thana- EXCISE ROSERA District- Samastipur ====================================================== Surrendra Ram @ Surrendar Ram @ Surendar Ram S/O Late Jagdish Ram R/O Village- Dadha, P.S- Rosera, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in paragraph 4 of the application in course of the day.

3. The petitioner seeks bail in Rosera Excise P.S. case No. 151 of 2024, G.R. No. 563 of 2024 instituted for the offences under Sections 30(c) and 30(d) of the Bihar Prohibition and Excise Act.

4. The prosecution case, in short, is that 10 liters liquor was recovered from a hut. Some liquor manufacturing items were also recovered and 499 liters jaggery was also destroyed.

5. 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

Patna High Court CR. MISC. No.1424 of 2025(2) dt.21-01-2025 2/2 from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the recovery is made from hut which was constructed for guarding the field and also is an open place. The petitioner is in custody since 14.11.2024 and has got no criminal antecedent. Charge-sheet has also been submitted in this case. There is no compliance of Section 103 of B.N.S.S., 2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, charge-sheet being submitted and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner 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 Court below/concerned Court in connection with Rosera Excise P.S. case No. 151 of 2024, G.R. No. 563 of 2024.

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