IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83856 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- PHULWARIYA District- Gopalganj ====================================================== Ajay yadav @ Ajay Kumar Son of Late Garaju yadav Resident Of Village- Madarwani, Ps- Phulwariya, Dist- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Deepankar Raj, Advocate For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary. 2. The petitioner seeks bail in Phulwariya P.S. case No. 97 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 54 liters liquor was recovered from motorcycle. 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 no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired Patna High Court CR. MISC. No.83856 of 2025(3) dt.19-01-2026 2/3 on the basis of disclosure made by local people. The petitioner is not the owner of the motorcycle in question. The petitioner is in custody since 26.08.2025 and has got seventeen criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner has seventeen criminal antecedents, hence, he may be released on bail. 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, after framing of charge, if not already framed, 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 Phulwariya P.S. case No. 97 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 two Patna High Court CR. MISC. No.83856 of 2025(3) dt.19-01-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Pankaj/- (Rudra Prakash Mishra, J) U T