Jimdar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14305 of 2025 Arising Out of PS. Case No.-136 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Jimdar Kumar, Son Of Bhadai Mukhiya Resident Of Village - Harkaina, P.S.- Muffasil, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32 and 41(1) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and is in custody since 07.01.2025 and allegation is of recovery of 35 litres of liquor along with 2500 litres of mahua pass from a ditch.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner

Patna High Court CR. MISC. No.14305 of 2025(2) dt.05-03-2025 2/2 and is accessible to public at large and he came to be implicated in the instant case in a mechanical manner as he was earlier implicated in a case relating to excise.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Muffasil P. S. Case No.136 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T