Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57062 of 2025 Arising Out of PS. Case No.-894 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== 1.

Ajay Kumar Son of Late Saryug Prasad, Resident of Village -Pijri, P.S.- Barbigha, District- Shekhpura.

2.

Sonu Kumar Son of Ashok Mahto, Resident of Village -Pijri, P.S.- Barbigha, District- Shekhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in a case registered under Sections 30(a), 32(3) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 327 litre illicit liquor from the Truck bearing Registration No. NL01AF-6720 and both the petitioners were apprehended on the spot.

4. Learned counsel for the petitioners submits that petitioner are innocent and have falsely been implicated in this case only on the basis of suspicion. He further submits that petitioner no.1 is the owner of the truck in question and petitioner no.2 is his nephew and they had no knowledge what was kept in the seized truck by the original driver of that truck. Learned counsel submits that no incriminating article has been

Patna High Court CR. MISC. No.57062 of 2025(3) dt.25-09-2025 2/2 recovered from the conscious possession of petitioners. He further submits petitioners have no concern with the alleged seized liquor. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioners are in custody since 15.07.2025, 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 petitioners or tampering with the evidence and they undertake to cooperate in the trial.

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

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Excise P.S. Case No.894 of 2025.

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