Ashok Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57323 of 2025 Arising Out of PS. Case No.-294 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Ashok Giri S/o Late Ramesh Giri, R/o Village - Paharpur Giri Tola, P.S - Paharpur, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Akbar Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Paharpur P.S. Case No.294 of 2025, registered for the offences punishable under Sections 30(a), 41(1), 52 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 5.220 liter foreign liquor behind the betel shop of Panchdev Giri and 4.860 liter foreign liquor behind the betel shop of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that no incriminating article has been recovered from the conscious possession of petitioner rather the alleged recovery has been made behind the betel shop of

Patna High Court CR. MISC. No.57323 of 2025(2) dt.21-08-2025 2/2 petitioner which is an open place and is accessible to public at large. Learned counsel submits that petitioner has no concern with the seized liquor. He further submits that petitioner is in custody since 10.06.2025, having three criminal antecedents, in which, he is on bail and the charge sheet has already been submitted in this case. Learned counsel submits that there is no chance of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and 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 and the submissions of learned counsel for the parties, 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 Excise Court No.1, Motihari, East Champaran in connection with Paharpur P.S. Case No.294 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T