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2026 DAILYLAW 47263 (PAT)

Ashish v. The State of Bihar

CR. MISC./1754/2026 · 2026-01-19

R P Mishra

Public Interest Litigationbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1754 of 2026 Arising Out of PS. Case No.-662 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Ashish S/o- Kailash Chandra @ Kaishal Chandra @ Kailesh Chandra R/v- Adarsh Nagar, W.No-5, Ps- Belsanda Dist- Pilibhit, U.P ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Chhatauni PS Case No. 662 of 2025 instituted for the offences under Section 30(a), 41(1) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 86.4 liters of foreign liquor was recovered from the 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. Learned counsel for the petitioner submits that the petitioner is not the owner of Patna High Court CR. MISC. No.1754 of 2026(2) dt.19-01-2026 2/2 the said motorcycle and has been implicated in this case by the police with ulterior motive. The petitioner is in custody since 20.11.2025 and has got clean criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 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 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 Chhatauni PS Case No. 662 of 2025. Siddharth Soni/- (Rudra Prakash Mishra, J) U T