Ashok Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71882 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- SAHARGHAT District- Madhubani ====================================================== Ashok Kumar Pandit (Male,) aged about 30 years, Son of Mahendra Pandit Resident of village- Sijaulia, Godhiyari, P.S.- Phulparas, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Advocate For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Saharghat PS. Case No. 96 of 2025 dated 22-07-2025, instituted under Sections 274, 275, 317(5) and 3(5) of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of the recovery of 737.64 litres of Nepali liquor from a bag along with the seizure of three Glamour motorcycles at the India-Nepal border near pillar no. 291/14.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner is the owner of one of the Glamour motorcycles bearing Chassis No.

Patna High Court CR. MISC. No.71882 of 2025(2) dt.15-10-2025 2/2 MBLJAR026JGF08279. Further submission is that the seizure list does not mention that the said illicit liquor was recovered from any motorcycle. Further, the petitioner has been made an accused merely on the basis of a disclosure made by the apprehended co-accused, Surat Kumar Yadav, who named the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Madhubani, in Saharghat PS. Case No. 96 of 2025, GR No. 992 of 2025 subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U