Ratan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86625 of 2025 Arising Out of PS. Case No.-215 Year-2025 Thana- EXCISE MADHUBAN District- East Champaran ====================================================== Ratan Kumar Son of Late Yamuna Sah Resident of Village - Puran Chapra, Ward No. -5 P.S. - Chakiya, Distt. - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Adv For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Madhuban P.S. Case No. 215 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 94.500 liters of foreign liquor was recovered from hut of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.86625 of 2025(2) dt.16-12-2025 2/2 with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery has been made from the abundant hut, which is an open place and accessible to one and all. It is further submitted that petitioner's name has transpired only on the statement given by the secret spy. The petitioner is in custody since 28.09.2025 and has got clean 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 Excise Madhuban P.S. Case No. 215 of 2025.

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