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Patna High CourtCR. MISC./37054/2025bail granted

Raj Kumar v. The State Of Bihar

2025-06-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37054 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- ASHTHAWAN District- Nalanda ====================================================== Raj Kumar S/o Shyam Sundar Saw R/o Azadnagar PS- Kankarbagh, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Asthawan P.S Case no.27 of 2025 registered under sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 51.75 litres of IMFL was recovered from the auto in question and the petitioner who happens to be the owner as also the driver of the vehicle was taken into custody.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession nor from his vehicle. He has been falsely implicated in the case. The petitioner is in custody since 24.1.2025 and has no criminal antecedent.

Patna High Court CR. MISC. No.37054 of 2025(2) dt.11-06-2025 2/2

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, his being in custody for over 4 months since 24.1.2025 and not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the petitioner is directed to be enlarged on bail in connection with Asthawan P.S Case no.27 of 2025 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 5th Additional District & Sessions Judge-cumSpecial Judge, Excise, Biharsharif, Nalanda. (Partha Sarthy, J) Shiv/- U T