Ramesh Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ramesh Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail in connection with Nuaon PS Case No. 46 of 2025 after framing of charge (if not already framed) on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to conditions: one bailor to be own/close family member; appearance on each and every trial date; default on two consecutive dates permits the Trial Court to cancel the bail bonds.

Issue for consideration

Whether the petitioner is entitled to bail in connection with Nuaon PS Case No. 46 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

Petitioner to be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court below in connection with Nuaon PS Case No. 46 of 2025.

Key takeaways

Bail condition: one of the bailors shall be an own/close member of the family of the petitioner.ratio¶20
Bail condition: the petitioner shall appear on each and every date fixed at the trial.ratio¶21
On default in appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.ratio¶23

Detailed headnote1 paragraphs

Bail - S. 30(a), Bihar Prohibition and Excise Act - Nuaon PS Case No. 46 of 2025, District Kaimur - 560.1 litres of foreign liquor allegedly recovered from Pick-up vehicle bearing Registration No. BR45GB-2781 - petitioner's name transpired as registered owner of the vehicle - in custody since 25.04.2025 with two criminal antecedents - plea of non-compliance of Section 103 of B.N.S.S. - considering facts, circumstances and period of custody, bail granted after framing of charge (if not already framed) on bail bond of Rs.10,000/- with two sureties of the like amount each - conditions: one bailor to be own/close family member of the petitioner; appearance on each and every trial date; default on two consecutive dates gives the Trial Court liberty to cancel the bail bonds. (Patna High Court, Rudra Prakash Mishra, J., 21-07-2025)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46234 of 2025

Arising Out of PS. Case No.-46 Year-2025 Thana- NUAOW District- Kaimur (Bhabua)

======================================================

Ramesh Singh S/O Late Ramekbal Singh Resident of Village- Salathua, P.S. Kudra, District- Kaimur at Bhabua

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 21-07-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nuaon PS Case No. 46 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that total 560.1 litres of foreign liquor was recovered from Pick-up vehicle bearing Registration No. BR45GB-2781.

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 no concern with the alleged recovery

Patna High Court CR. MISC. No.46234 of 2025(2) dt.21-07-2025 2/3

of liquor. It is submitted that the name of the petitioner has transpired as being registered owner of the vehicle in question. The petitioner is in custody since 25.04.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

Let the petitioner be released on bail, after framing of charge if not already framed 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 Nuaon PS Case No. 46 of 2025, 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

Patna High Court CR. MISC. No.46234 of 2025(2) dt.21-07-2025 3/3

two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T