Patna High CourtCR. MISC./778/2025bail granted

Ajay Kumar @ Bimlesh Ram v. The State Of Bihar

2025-01-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.778 of 2025 Arising Out of PS. Case No.-1191 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Ajay Kumar @ Bimlesh Ram S/o Late Shivanand Ravidas R/o vill - Baghaura Toli, Badhai Bigha, P.S. - Madanpur, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rupa Kumari, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. case No. 1191/2024, general registration No. 2079/2074 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 80 liters liquor was recovered from tempo.

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 and the

Patna High Court CR. MISC. No.778 of 2025(2) dt.20-01-2025 2/2 police due to ulterior motive falsely implicated the petitioner in the present case. It is further submitted that the petitioner is owner-cum- driver of the tempo in question. The petitioner is in custody since 01.12.2024 and has got no 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.

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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. case No. 1191/2024, general registration No. 2079/2074. (Rudra Prakash Mishra, J) Pankaj/- U T