Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65095 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- DALMIYA NAGAR SAHAYAK District- Rohtas ====================================================== 1.
Ashish Kumar S/O Vijay Bahadur Paras R/o vill.- Laheartara, Gali Misirpura, P.S.- Maruadih, Distt.- Varanasi (U.P.). 2.
Munna Yadav @ Munna Kumar Singh S/O Baijnath Singh R/O Vill.- Orap Khurd, Basaon Kalan, P.S.- Sikraul, Dist.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha For the Opposite Party/s :
Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in connection with Dalmiyanagar P.S. Case No. 171 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from an Innova car, 459 liters of country-made liquor was recovered. After seeing the police, they tried to flee away but were apprehended. It is also alleged that petitioner no. 1 is the driver, whereas petitioner no. 2 is liner.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.65095 of 2025(2) dt.23-09-2025 2/2 petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. He also submits that nothing has been recovered from the possession of these petitioners. The said alleged car does not belong to these petitioners. He further submits that the petitioners are languishing in judicial custody since 08.08.2025.
5. The application for bail is opposed by the learned APP for the State, who submits that the petitioners have criminal antecedent of one case each.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court No.1, Rohtas at Sasaram in connection with Dalmiyanagar P.S. Case No. 171 of 2025 with a condition that the petitioners shall not indulge in similar nature of offences in future.
(Ashok Kumar Pandey, J) Sudhanshu/- U T