Amarjit Pasi @ Amarjit Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14525 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== 1.

Amarjit Pasi @ Amarjit Chaudhary S/O Late Damodar Chaudhary Resident of village - Sarriya, Muzaffara Mali Tola, P.S- Birpur,Dist- Begusarai 2.

Birendra Pasi @ Birendra Chaudhary @ Virendra Chaudhary @ Virendra Pasi @ Birendra Kumar Chaudhary Son of Late Damodar Chaudhary Resident of village - Sarriya, (muzaffara Mali Tola) P.S - Birpur, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Birpur PS Case No. 266 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 25 liters liquor was recovered from the house of the petitioners. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.14525 of 2025(2) dt.07-03-2025 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners fervently submitted that recovery is made from the abandoned house, which is accessible to one and all. The petitioners are in custody since 30-12-2024 and have got no 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Birpur PS Case No. 266 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.14525 of 2025(2) dt.07-03-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T