Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70398 of 2025 Arising Out of PS. Case No.-337 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Guddu Kumar, aged about 32 years Son of Ramjatan Yadav @ Ramyatan Yadav Resident of village- Muradpur Ward no. 11, Ps- Birpur, Dist- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 71249 of 2025 Arising Out of PS. Case No.-337 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Ajay Kumar, aged about 23 years S/O Rajo Mahto @ Rajo Ray R/O VillageBeerpur-West, (Muradpur), P.S- Birpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 70398 of 2025) For the Petitioner/s :

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

Mr. Mohammad Sufyan, APP (In CRIMINAL MISCELLANEOUS No. 71249 of 2025) For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioners are in custody in a case registered for the offences punishable under Section 30(a), 32(3), 33, 36 of the Bihar Prohibition and Excise Act.

3. As per the allegation in the FIR, total 1060.000 litres spirit has been recovered from the auto rickshaw bearing Registration No.BR09GA3805 which was being driven by the

Patna High Court CR. MISC. No.70398 of 2025(2) dt.08-10-2025 2/2 petitioners.

4. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. He next submits that no incriminating article has been recovered from the physical possession of the petitioners. He submits that petitioners have no concern with the alleged recovery. He further submits that there is no eye witness of the seizure list. He next submits that petitioners are in judicial custody since 03.09.2025 and have got no criminal antecedents as stated in para-3 of the bail petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the above facts and circumstances of the case, submission of learned counsel for the petitioners, let the above named petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. II, in connection with Excise P.S. Case No. 337 of 2025.

(Ramesh Chand Malviya, J) Harshita/- U T