Jeewachh Kumar @ Jeevachh Kumar @ Jivach Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44965 of 2025 Arising Out of PS. Case No.-52 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Jeewachh Kumar @ Jeevachh Kumar @ Jivach Kumar S/O Ram Naresh Mahto R/O Vill.- Nandani, P.s.- Mohiuddin Nagar, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No.52 of 2020 lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 04.12.2024 passed in Cr. Misc. No.69196 of 2024 in which liberty was granted to him to renew his prayer for bail 6 months from today.

4. Learned counsel for the petitioner further submits that though the case has been lodged under Excise Act and charge has already been framed in this case and fixed for prosecution witnesses. He further submits that petitioner is in

Patna High Court CR. MISC. No.44965 of 2025(3) dt.30-08-2025 2/3 custody for more than 1 year. He further submits that progress report has been called for.

5. Learned counsel for the State opposes the prayer for bail and submits that from the report, out of 6 prosecution witnesses, only two witnesses have been cross examined and trial court had demanded 6 months more time to conclude the trial. He further submits that antecedent of the petitioner is not clean. He further submits that no purpose shall be served keeping the petitioner into custody.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court No.1-cumAddl. District and Sessions Judge, Vaishali at Hajipur in connection with Bidupur P.S. Case No.52 of 2020, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The details of the cases which are pending against

Patna High Court CR. MISC. No.44965 of 2025(3) dt.30-08-2025 3/3 the petitioner, are as follows:- i. Jandaha P.S. Case No.85 of 2019.

ii. Athmalgola P.S. Case No.45 of 2020.

iii. Rajapakar P.S. Case No.256 of 2024.

iv. Rajapakar P.S. Case no.248 of 2024.

8. It is made clear that if petitioner's name shall come further in a case relating to Excise Act, then in that case, the State shall be at liberty to move for cancellation of his bail bonds.

(Dr. Anshuman, J.) Prakashmani/- U