Ajay Kumar v. The State of Bihar
Case at a glance
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER Mr. Amit Kumar Pandey, Advocate. Mr. Anish Chandra, APP 2 14-05-2026 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners has prayed for bail in connection with Buxar (Muffasil) P.S. Case No. 104 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
The case of the prosecution, in short, is that from a bike, altogether 60.48 liters of illicit foreign liquor was recovered.
Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.31643 of 2026(2) dt.14-05-2026 petitioners have submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. He also submits that the petitioners are not concerned in any way with the alleged bike. He further submits that nothing has been recovered from the possession of the petitioners. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, the petitioners are languishing in judicial custody since 06.04.2026.
The application for bail is opposed by learned APP for the State and submits that the petitioner no. 2 is having criminal antecedent of one case whereas petitioner no. 1 is having criminal antecedent of six cases.
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 with the condition that the petitioners shall cooperate in trial and shall remain present in the learned trial court whenever required. 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 Special Judge, Excise, Court-I, Patna High Court CR. MISC. No.31643 of 2026(2) dt.14-05-2026 Buxar in connection with Buxar (Muffasil) P.S. Case No. 104 of 2026. Sudhanshu/- U T (Ashok Kumar Pandey, J)
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