Ajay Kumar Azad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ajay Kumar Azad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner directed to be enlarged on bail in connection with Bihariganj P.S. Case no.1 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge Excise-II, Madhepura.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Bihariganj P.S. Case No. 1 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Court's answer

Taking into consideration the allegation against the petitioner in the FIR, his remaining in custody for 5 months since 3.1.2025, and the charge-sheet having been submitted, this Court directed the petitioner to be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge Excise-II, Madhepura.

Ratio / Principle

The grant of bail rested on the allegation against the petitioner in the FIR together with his custody for 5 months since 3.1.2025 and the submission of the charge-sheet.

Detailed headnote1 paragraphs

Bail — Regular bail granted. The High Court of Judicature at Patna (Partha Sarthy, J.), by oral order dated 09-06-2025 in Criminal Miscellaneous No.12916 of 2025, enlarged petitioner Ajay Kumar Azad on bail in connection with Bihariganj P.S. Case No. 1 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016, in which 73 litres of cough syrup was alleged to have been recovered from a vehicle and the petitioner taken into custody. Taking into consideration the allegation in the FIR, the petitioner's custody for 5 months since 3.1.2025 and the submission of the charge-sheet, bail was granted on a personal bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge Excise-II, Madhepura.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12916 of 2025

Arising Out of PS. Case No.-1 Year-2025 Thana- BIHARIGANJ District- Madhepura

======================================================

Ajay Kumar Azad S/o- Ashok Yadav Resident of village- Kathhotia Ward no 03 PS- Bihariganj District-Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Anjani Parashar, Advocate For the State : Mr. Yogendra Kumar Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

3 09-06-2025

Heard learned counsel for the parties.

The petitioner has preferred this application for

grant of regular bail in connection with Bihariganj P.S. Case No. 1 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 73 litres of cough syrup was recovered from the vehicle in question and the petitioner was taken into custody.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his antecedents. No incriminating article has been recovered from his conscious possession nor is the petitioner owner of the vehicle in question from which the alleged recovery is said to have taken place. He is in custody since 3.1.2025 and charge-

Patna High Court CR. MISC. No.12916 of 2025(3) dt.09-06-2025 2/2

sheet has been submitted in the case.

The application for bail is opposed by learned A.P.P

for the State.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR together with the petitioner having remained in custody for 5 months since 3.1.2025 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bihariganj P.S. Case no.1 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge Excise-II, Madhepura.

(Partha Sarthy, J)

ajay/shiv/-

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