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2025 DAILYLAW 42353 (PAT)

Phul Kumar Ray v. THE STATE OF BIHAR

CR. MISC./31023/2025 · 2025-05-14

Chandra Prakash Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31023 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== 1. Phul Kumar Ray S/O Sahdev Ray R/O Village- Safaha, P.O- Bhashtabari, P.S- Charaut, Distt.- Sitamarhi, Bihar. 2. Sevak Mukhiya S/O Niranjan Mukhiya R/O Village- Parigama, Post- Chak Chikna, P.S- Charaut, Distt.- Sitamarhi, Bihar. ... ... Petitioner/s Versus THE STATE OF BIHAR Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vikas Kumar Jha, Adv. For the Opposite Party/s : Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have preferred this application for grant of regular bail in connection with G.R. No. 413/2025 arising out of Madhwapur P.S. Case No. 33 of 2025 dated 23.03.2025 registered for the offences punishable u/ss 274, 275 read with Section 3(5) of the B.N.S. and u/s 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, total 144 litres of illicit Nepali country made liquor kept in a sack was recovered from the possession of the petitioners. 4. Learned counsel for the petitioners has submitted Patna High Court CR. MISC. No.31023 of 2025(2) dt.14-05-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners have no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 23.03.2025. 5. Learned A.P.P. for the State has opposed the bail petition of the petitioners. 6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Madhwapur P.S. Case No. 33 of 2025. 7. The application stands allowed. Gautam/- (Chandra Prakash Singh, J) U T