Ashudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10027 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Ashudin S/O Kutubdin R/O Vill.- Tamkuhi, P.S.- Taraiya, Dist.- Kushinagar, UP.

2.

Amarjeet Nishad S/O Rajpati Nishad R/O Vill.- Sekhui, P.S.- Gauri Bazar, Dist.- Deoriya, UP.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Dumariyaghat P.S. Case No. 310 of 2024 dated 17.12.2024 registered for the offences punishable u/ss 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 157.680 litres of illicit foreign liquor was recovered from the Toyota Car.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case

Patna High Court CR. MISC. No.10027 of 2025(2) dt.20-03-2025 2/2 merely on suspicion. The petitioners are not the owner of the said vehicle and they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.12.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 310 of 2024 with the condition :- (i) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T