Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54402 of 2025 Arising Out of PS. Case No.-315 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== 1.
Ashish Kumar Son of Ashok Rajbanshi Village- Lakshman Nagar PS -Akbarpur, Dist- Nawada 2.
Sandeep Kumar son of Ramswaroop Rajbanshi Village- Rajpur, PsAkbarpur, Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Akbarpur P.S. case No. 315 of 2025 instituted for the offences under Sections 317(4), 317(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 134 liters liquor was recovered from two motorcycles.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.54402 of 2025(2) dt.13-08-2025 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that the petitioners were neither the owners nor were driving the motorcycles. The petitioners are in custody since 27.06.2025 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Akbarpur P.S. case No. 315 of 2025.
(Rudra Prakash Mishra, J) Pankaj/- U T