Ram Nivas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89620 of 2025 Arising Out of PS. Case No.-501 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== 1.

Ram Nivas Kumar S/O Bhushan Tanti R/O Vill.- Panhas, Anandpur P.s.- Mufassil, Dist.- Begusarai.

2.

Satyam Kumar S/O Malo Singh R/O Vill.- Panhas, Anandpur, ward no. 27, P.s.- Mufassil, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyaya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Excise P.S. Case No. 501 of 2025 registered for the offence under Sections 30(a), 32(3) and 45 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the recovery is of total 81 litres of foreign liquor from an auto.

4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in this case. It is next submitted that the names of the petitioners have come during investigation.

Patna High Court CR. MISC. No.89620 of 2025(2) dt.23-12-2025 2/3 Petitioners have clean antecedent.

5. Learned counsel for the petitioners submits that the petitioners are ready to donate Rs. 25,000/- each in some charitable organization without accepting his guilt.

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Begusarai/ concerned Court below in connection with Excise P.S. Case No. 501 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

8. This is also subject to the condition that the petitioners shall deposit an amount of Rs. 25,000/- each in Ramkrishna Mission Ashrama, Nala Road, Patna and produce the receipt of the same before the Court below. The bail bonds of the petitioners shall be accepted after verifying the genuineness of the receipt produced by the petitioners.

9. At the time of accepting the bail bonds of the

Patna High Court CR. MISC. No.89620 of 2025(2) dt.23-12-2025 3/3 petitioners, the Court below shall verify the statement of the petitioners that they have clean antecedent. The bail bonds of the petitioners shall only be accepted if it is found that they have clean antecedent.

(Sandeep Kumar, J) tusharika/- U T