Abhijeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35112 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Abhijeet Kumar S/o Nawal Kishor Jha Resident of Village- Akala, Ward no 15, Police Station- Bharathand, Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Parbatta P.S. Case No. 27/2025 registered for the offences under Section 61(2) of B.N.S., Sections 30(A), 41(i) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, on a secret information received, a container vehicle was intercepted by the police and on search, they found that there were two persons sitting on it who disclosed their names as Ashif Khan and Abhijeet Kumar (petitioner). On search, 15 cartoons of various grocery items were recovered and 3072.6 litres of liquor was recovered from the said container.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.35112 of 2025(2) dt.28-05-2025 2/3 petitioner is innocent and has falsely been implicated in this case at the behest of the police who had requested the petitioner to stand as a witness to the said seizure, however, on his denial the police had falsely made him an accused. Learned counsel further submits that the petitioner is an employee of Hinduja Leyland Finance Ltd. and Annexure 'P/2' of the bail petition would show that he was on duty on the said date. Learned counsel further submits that the container from which recovery was made does not belong to the petitioner and he has no concern with the seized consignment. It is lastly submitted that the petitioner has clean antecedent and is in custody since 23.01.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account that the container from which recovery was made does not belong to the petitioner and that he has clean antecedent, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Excise Judge-II, Khagaria in connection with Parbatta P.S. Case No. 27/2025 subject to the
Patna High Court CR. MISC. No.35112 of 2025(2) dt.28-05-2025 3/3 conditions :- a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T