Patna High CourtCR. MISC./35072/2026bail granted

Ashudeep Prasad v. The State Of Bihar

2026-05-21Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35072 of 2026 Arising Out of PS. Case No.-93 Year-2026 Thana- Raghunathpur District- East Champaran ====================================================== Ashudeep Prasad,aged about 30 years, male, Son of Kanhaiya Prasad, Resident of Village - Raghunathpur, P.S. - Raghunathpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

2. The petitioner seeks regular bail in connection with Raghunathpur P.S. Case No. 93 of 2026, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 215 liters of country made Chulai liquor has been recovered from Erickshaw bearing registration no. BR05ER 8619.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He submits that petitioner is neither the driver nor

Patna High Court CR. MISC. No.35072 of 2026(2) dt.21-05-2026 2/3 the owner of the alleged seized e-rickshaw. He further submits that nothing has been recovered from the conscious possession of the petitioner. He next submits that petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 09.03.2026.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. From perusal of the FIR, seizure list and impugned order of the learned Exclusive Special Excise Court no.1 East Champaran at Motihari, dated 13.04.2026, it appears that on the basis of written report of the informant, FIR has been registered under Section 30(a) of the Bihar Prohibition and Excise Act against four co-accused persons including the present petitioner and the allegation is of recovery of country made Chulai liquor. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 09.03.2026 and there is no any independent witness of the seizure list, so considering all the aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant regular bail to the above named petitioner.

7. Accordingly, the prayer for regular bail of the above named petitioner is allowed. Let the petitioner above

Patna High Court CR. MISC. No.35072 of 2026(2) dt.21-05-2026 3/3 named be released on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, East Champaran at Motihari in connection with Raghunathpur P.S. Case No. 93 of 2026.

(Ramesh Chand Malviya, J) Anand Kr.

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