Ajmal @ Md. Ajmal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60290 of 2025 Arising Out of PS. Case No.-229 Year-2025 Thana- BAISI District- Purnia ====================================================== Ajmal @ Md. Ajmal S/O Najim @ Md. Najim, Resident of Pahariya, Ward No.11, P.S.- Baisi, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate.

For the Opposite Party/s :

Mr. Ahmad Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Baisi P.S. Case No.229 of 2025 instituted under Sections 30(a), 41 & 47 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 104.79 litre illicit foreign liquor from the E-rickshaw near Dalkola Checkpost and the driver of said vehicle try to flee away from the spot leaving his vehicle but was apprehended on chase.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis suspicion. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is neither owner of the seized E-rickshaw nor he has any

Patna High Court CR. MISC. No.60290 of 2025(2) dt.17-09-2025 2/2 concern with the alleged seized liquor. He further submits that petitioner is a daily wages driver of E-rickshaw and he had no knowledge about the alleged seized liquor. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioner is in custody since 15.06.2025, having clean antecedent and charge sheet had already been submitted in this case after completion of investigation. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

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, submissions of learned counsel for the parties and the 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 Exclusive Special Judge (Excise-01), Purnea in connection with Baisi P.S. Case No.229 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T