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2025 DAILYLAW 97701 (PAT)

Karu Kumar @ Ratnesh Kumar v. The State of Bihar

CR. MISC./77647/2025 · 2025-11-18

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77647 of 2025 Arising Out of PS. Case No.-745 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Karu Kumar @ Ratnesh Kumar S/O Randhir Rai @ Randhir Kumar R/O Village- Chechar Bag Tola, P.S- Bidupur, District- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bela Singh, Adv For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 745 of 2023, instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 250 liters of country made liquor was recovered from norther side of bank of river in plastic sack. 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 Patna High Court CR. MISC. No.77647 of 2025(2) dt.18-11-2025 2/3 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submitted that the recovery has been made from open place, which is accessible to public at large. It has further submitted that local chaukidar disclosed the name of the petitioner. The petitioner is in custody since 23.08.2025 and has got four 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 Bidupur P.S. Case No. 745 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the Patna High Court CR. MISC. No.77647 of 2025(2) dt.18-11-2025 3/3 bail bonds of the petitioner. krishnakant/- (Rudra Prakash Mishra, J) U T