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2025 DAILYLAW 93898 (PAT)

ABHISHEK KUMAR v. The State of Bihar

CR. MISC./88180/2025 · 2025-12-23

Ajit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88180 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- SAHIYARA District- Sitamarhi ====================================================== ABHISHEK KUMAR S/o- Vidya Paswan R/v- Puchgachhiya W.No-13, Ps- Bathnaha Dist- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s: Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is seeking bail in connection with Sahiyara P.S. Case No.178 of 2025, dated 05.09.2025 registered for the offences under Sections 30(a) of Bihar Prohibition Excise Act. 3. As per the FIR, 1,152 liters of liquor were allegedly recovered from three motorcycles and one Scorpio, out of which 72 liters were recovered from the motorcycle of the petitioner. The petitioner, along with six other co-accused, was apprehended by the police on the spot. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case solely on the basis of secret information. There has Patna High Court CR. MISC. No.88180 of 2025(2) dt.23-12-2025 2/2 been no recovery from the petitioner or from his constructive possession, and the petitioner has no connection with the alleged recovered liquor. The petitioner has been in judicial custody since 06.09.2025. Lastly, it is submitted that the petitioner has no criminal antecedent. 5. Learned APP for the State vehemently opposed the prayer for bail. 6. Regard being had to the submission made by the parties, and taking into consideration the period of custody, this Court is inclined to grant regular bail to the petitioner. 7. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court-I, Sitamarhi/ Successor Court, in connection with Sahiyara P.S. Case No.178 of 2025. shikha/- (Ajit Kumar, J) U T