Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39583 of 2025 Arising Out of PS. Case No.-509 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== Ajit Kumar S/O Late Siyaram Sharma Resident of Village- Shahwazpur, Bishunganj, P.S.- Panchanpur, District- Gaya. At Present R/O Panchanpur, P.s.- Tekari, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaya Excise P.S. Case No. 509 of 2025 instituted for the offences under Sections 30(a) & 32(c) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered total 236 liters of illicit foreign liquor from car. The petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.39583 of 2025(2) dt.24-06-2025 2/2 petitioner is the owner-cum-driver of the alleged vehicle bearing Regd. No. BR02BF-2513. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 17.05.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaya Excise P.S. Case No. 509 of 2025.

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