IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54945 of 2025 Arising Out of PS. Case No.-234 Year-2025 Thana- SARAIYA District- Muzaffarpur ====================================================== Abhijit Kumar son of Kapindra Ram @ Kapindar Ram village- Ibrahimpur, Ps- Saraiya, Dist- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 08-08-2025 Heard learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State. 2. The petitioner seeks bail in connection with Saraiya P.S. Case No. 234 of 2025 instituted for the offences under Sections 274, 275, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per prosecution case, the police has recovered total 153.540 liters of illicit foreign liquor from the house of co- accused Amit Kumar whereas 14.820S liters of foreign liquor from the Scooty bearing Regd. No. BR06CH 3556. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case Patna High Court CR. MISC. No.54945 of 2025(2) dt.08-08-2025 2/3 due to police mechanism and maneuvering. The petitioner was not arrested from the place of occurrence rather his name was surfaced in this case on the basis of the disclosures made by the apprehended co-accused person. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the recovered liquor or the seized Scooty. The petitioner has also no concern with the apprehended co-accused person in any manner. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 24.06.2025 without any rhymes or reason. 5. Learned counsel for the petitioners again submits that the co-accused namely Ajay Rai @ Ajay Ram @ Ajay Kumar has been granted bail by this Court vide order dated 23.07.2025 passed in Cr. Misc. No. 47237 of 2025. 6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as Patna High Court CR. MISC. No.54945 of 2025(2) dt.08-08-2025 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saraiya P.S. Case No. 234 of 2025. rishi/- (Rudra Prakash Mishra, J) U T