Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33305 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Ajit Kumar S/o Rudal Paswan, Resident of Village- Meyar, P.S.- Noorsarai, Distt.- Nalanda.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP I/c ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Noor Sarai P.S. Case No. 119 of 2025 dated 05.03.2025 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution story, 50 litres of illicit country made liquor has been recovered from the front seat of a tempo near Noor Sarai Market.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery. Petitioner is not the owner of the tempo in question. Petitioner claims clean

Patna High Court CR. MISC. No.33305 of 2025(2) dt.26-05-2025 2/3 antecedent as mentioned in paragraph no. 3 of the bail petition. There is non-compliance with mandatory procedure prescribed for recovery under Section 103 of BNSS, 2023. Petitioner is in custody since 06.03.2025. He lastly submits that after completion of investigation, chargesheet has been submitted against the petitioner.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Having heard the learned counsel for the parties and considering the facts and circumstances of the case as well as petitioner's period under custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed as yet. Accordingly, let the petitioner, above-named, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned In-charge Special Judge, Excise-II, Nalanda at Biharsharif, in connection with Noor Sarai P.S. Case No. 119 of 2025, on further conditions:

(i) One of the bailors should be close relative of the petitioner.

(ii) Petitioner shall cooperate in the trial and shall be present on each and every fixed date and on his absence on

Patna High Court CR. MISC. No.33305 of 2025(2) dt.26-05-2025 3/3 two consecutive dates without sufficient reason, his bail bond may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) Shahnawaz/- U T