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2026 DAILYLAW 9596 (PAT)

Ashok Saw @ Ashok Sao v. The State of Bihar

CR. MISC./16694/2026 · 2026-03-11

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16694 of 2026 Arising Out of PS. Case No.-723 Year-2025 Thana- GAURICHAK District- Patna ====================================================== Ashok Saw @ Ashok Sao S/O Late Vineshar Saw @ Binesar Sao R/O Rukunpura Near Kantola Of Karana Bank, P.s.- Pachrukhiya, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Ranjan, Advocate For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 11-03-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Gaurichak P.S. Case No. 723 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 60 litres of country made liquor was recovered near Punpun river. 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 Patna High Court CR. MISC. No.16694 of 2026(2) dt.11-03-2026 2/2 for the petitioner further submitted that the recovery has been made near Punpun river, which is said to be open place and accessible to public at large. Learned counsel for the petitioner further submits that other co-accused has been granted bail by this Bench vide order dated 18.12.2025 passed in Cr. Misc. No. 87629 of 2025. The petitioner is in custody since 16.01.2026 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaurichak P.S. Case No. 723 of 2025. manish/- (Rudra Prakash Mishra, J) U T