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2025 DAILYLAW 39970 (PAT)

Ramesh Thakur v. The State of Bihar

CR. MISC./28403/2025 · 2025-05-05

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28403 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== Ramesh Thakur S/o Brijkishore Thakur @ Braja Kishor Thakur Resident of Village- Shayampur (Shyampur), P.S.- Adapur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Adapur PS Case No. 74 of 2025 instituted for the offences under Sections 30(a), 32 & 41(i) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 116.265 liters liquor was recovered, out of which 90 liters nepali liquor was recovered from the house of the petitioner, whereas 26.265 liters from motorcycle. 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 Patna High Court CR. MISC. No.28403 of 2025(2) dt.05-05-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that recovery is allegedly shown from the joint house of the petitioner, where other family members also resides as also from the motorcycle, which is registered in the name of the wife of the petitioner. The petitioner is in custody since 03-03-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. 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, clean antecedent of the petitioner 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Adapur PS Case No. 74 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T