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Patna High CourtCR. MISC./59158/2025allowed

Saket Kumar Jha v. The State Of Bihar

2025-09-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59158 of 2025 Arising Out of PS. Case No.-255 Year-2025 Thana- Excise P.S. District- Banka ====================================================== Saket Kumar Jha S/o Ram Bhajan Jha R/o VIP Road Jemco Basti Mishra Bagan, Jamsedpur, P.S.- Telco, District - Jamsedpur(Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiw Kumar Prabhakar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise Thana Banka Case No. 255 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, during vehicle checking total 43.200 litres of foreign liquor recovered from the car. It is alleged that the petitioner was travelling in the car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He has no concern with the seized liquor. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner has no knowledge about

Patna High Court CR. MISC. No.59158 of 2025(2) dt.11-09-2025 2/2 the seized liquor loaded in the car. There is no independent witness to the seizure list that is the violation of provision under Section 103 of the BNSS. Charge-sheet has already been submitted and there is no chance of absconding or tampering with the evidence. Petitioner is in jail custody since 06.06.2025. He has one criminal antecedent in which he is on bail. Petitioner undertakes to cooperate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-Exclusive Excise Court- II, Banka, in connection with Excise Thana Banka Case No. 255 of 2025.

(Sunil Dutta Mishra, J) khushbu/- U T