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2025 DAILYLAW 50465 (PAT)

Bulet Kumar Ram @ Bulet Kumar v. The State of Bihar

CR. MISC./37992/2025 · 2025-06-18

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37992 of 2025 Arising Out of PS. Case No.-343 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== 1. Bulet Kumar Ram @ Bulet Kumar son of Gorakh Ram villahe- Jataha police station- Phulwariya District- Gopalganj 2. Sandeep Kumar yadav Son of Chandrama Yadav @ Chandrama Chaudhary village- Manbodh Parsauni, Ps- Uchkagaon, Dist- gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Baijnath Sah, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-06-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with PTN 1488 of 2024 arising out of Phulwariya P.S. Case No. 5139025240343(343) of 2024 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 180 litres of liquor was recovered from two motorcycles. 4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Petitioners were not apprehended on the spot rather their names were disclosed by the local people. No incriminating article has been recovered from the conscious possession of the petitioners. Patna High Court CR. MISC. No.37992 of 2025(2) dt.18-06-2025 2/3 Learned counsel further submitted that petitioners are not the owner of the vehicles in question. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 19.04.2025. Petitioner no. 1 has three criminal antecedents whereas petitioner no. 2 has five criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with PTN 1488 of 2024 arising out of Phulwariya P.S. Case No. 5139025240343(343) of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on Patna High Court CR. MISC. No.37992 of 2025(2) dt.18-06-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. Alok Verma/- (Rudra Prakash Mishra, J) U T