Ashok Kumar @ Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46174 of 2025 Arising Out of PS. Case No.-500 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== Ashok Kumar @ Ashok Yadav Son of Govind Yadav Resident of village - Jhirjho, Police Station - Rajauli, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kshem Sharma, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier vide order dated 16.05.2023 passed in Cr. Misc. No. 27128 of 2023 petitioner was enlarged on anticipatory bail but since he could not surrender within stipulated time his bail bond was not given effect to.

3.

The petitioner seeks bail in connection with Rajauli PS Case No. 500 of 2022 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act. 4.

The prosecution case, in short, is that total 40 litres of country made liquor was recovered from Motorcycle bearing Registration No. BR27K-4893.

5.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.46174 of 2025(2) dt.21-07-2025 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired as being owner of the vehicle in question. It is further submitted that local chowkidar disclosed the name of the petitioner. The petitioner is in custody since 10.06.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Rajauli PS Case No. 500 of 2022.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T