Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18321 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Ajeet Kumar S/o Sanjivan Yadav Resident of Village- Kosdhira, Ward No. 06, Police Station- Magadh Medical, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 37 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, 1006.560 liters liquor was recovered from Bolero pick-up vehicle and the petitioner was apprehended on spot.

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.18321 of 2025(2) dt.28-03-2025 2/2 for the petitioner also submits that the petitioner is driver of the vehicle in question and he has got no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 07.02.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submitted that similarly situated coaccused has been granted regular bail by this Court vide order dated 21.03.2025 passed in Cr. Misc. No. 16793 of 2025. 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. 10,000/- (Rupees 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. 37 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T