Amit Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Amit Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to both petitioners on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Ara, Bhojpur, subject to conditions of local bailors with sufficient immovable property and mandatory appearance on every trial date.

Issue for consideration

Whether the petitioners — driver and cleaner of a truck from which 3429.36 litres of illicit liquor was recovered in Gidha P.S. Case No. 108 of 2025 (District Bhojpur), registered under Section 318 BNS and Section 30(a) Bihar Prohibition and Excise Act — should be released on regular bail.

Court's answer

Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, both petitioners were directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned, Ara, Bhojpur, in connection with Gidha P.S. Case No. 108 of 2025.

Ratio / Principle

Bail was made subject to conditions: (i) bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned; and (ii) petitioners shall appear on each and every date before the Trial Court, failure for two consecutive dates without plausible reason entailing cancellation of their bail bonds by the Trial Court itself.

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J.), oral order dated 16-10-2025 in Criminal Miscellaneous No.50552 of 2025, arising out of PS Case No. 108 of 2025, Thana Geedha/Gidha, District Bhojpur, registered under Section 318 of Bharatiya Nyaya Sanhita and Section 30(a) of Bihar Prohibition and Excise Act. On prosecution case of recovery of 3429.36 litres of illicit liquor from truck bearing Reg. No. NL06-A-7759, with the two petitioners (driver and cleaner) apprehended at the place of occurrence, and taking into account the facts and circumstances, counsel's submissions and the period of custody (since 01.05.2025; charge-sheet already submitted), regular bail was granted to both petitioners on bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, subject to the conditions that bailors be local with sufficient immovable property within the Court's jurisdiction and that the petitioners appear on every trial date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bonds by the Trial Court itself.