Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39274 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Ajay Kumar S/o Asharfi Baitha Resident of Village- Kalamatihania, P.SBishwambarpur, District-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bishambharpur P.S. Case No. 47 of 2025 dated 13.03.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 141.8 litres of illicit country-made liquor out of which 36 litres of illicit country-made liquor was recovered from the motorcycle driven by the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.39274 of 2025(2) dt.25-06-2025 2/2 this case. The petitioner is not the owner rather he is the driver of the seized motorcycle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Bishambharpur P.S. Case No. 47 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T