← Library
Patna High CourtCR. MISC./85979/2025bail granted

Bhola Ray @ Bhola Rai @ Amresh Kumar v. The State Of Bihar

2025-12-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85979 of 2025 Arising Out of PS. Case No.-273 Year-2025 Thana- SONBERSA District- Sitamarhi ====================================================== Bhola Ray @ Bhola Rai @ Amresh Kumar Son of Ram Dular Ray @ Dular Rai Resident of Village- Pipra Parsine Tole Hanuman Nagar, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 273 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 207 liters of Nepali liquor was recovered from Auto.

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 no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.85979 of 2025(2) dt.15-12-2025 2/2 for the petitioner submits that petitioner's name has transpired only on the basis of confessional statement of co-accused. It is further submitted that petitioner was not apprehended on spot. The petitioner is in custody since 26.11.2025 and has got three criminal antecedents. 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 Sonbarsa P.S. Case No. 273 of 2025.

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