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2025 DAILYLAW 76428 (PAT)

Ajay Kumar v. The State of Bihar

CR. MISC./66326/2025 · 2025-09-24

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66326 of 2025 Arising Out of PS. Case No.-401 Year-2025 Thana- Excise P.S. District- Sheikhpura ====================================================== Ajay Kumar S/o Late Rajo Mahto R/o Village- Matokhar, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar, Adv. For the Opposite Party/s : Mr.Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Sheikhpura P.S. Case No. 401 of 2025, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, police received information about petitioner manufacturing illicit liquor in his house. A raid was conducted and recovery of 31.750 litre country made chulai liquor was made from the house of the petitioner. The petitioner was apprehended from the spot. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits Patna High Court CR. MISC. No.66326 of 2025(2) dt.24-09-2025 2/3 that nothing incriminating has been recovered from conscious possession of the petitioner. Learned counsel further submits that the petitioner is a poor person and recovery has been shown from his joint house. The petitioner is in custody since 17.08.2025 and he has no criminal antecedents. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering clean antecedent and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura/concerned court, in connection with Sheikhpura P.S. Case No. 401 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Patna High Court CR. MISC. No.66326 of 2025(2) dt.24-09-2025 3/3 court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. anuradha/- (Arun Kumar Jha, J) U T