Allowed¶19

Ashish Kumar @ Asheesh Kumar v. The State of Bihar

Patna HC12 Feb 2025CR. MISC./6105/2025

Case brief

AI extract

What is this about?

Bail granted; Ashish Kumar @ Asheesh Kumar v. The State of Bihar; Patna High Court Cr. Misc. No.6105 of 2025; decided 12-02-2025; Justice Rudra Prakash Mishra; Udakishunganj Excise P.S. Case No. 202 of 2024, District Madhepura; Section 30(a) Bihar Prohibition and Excise Act, 2018; Section 103 B.N.S.S. compliance raised by petitioner; 150 liters illicit country-made liquor recovered from motorcycle; arrest on the spot; judicial custody since 15.10.2024; no criminal antecedent; bail bond Rs.10,000 with two sureties of like amount; advocates: Amarnath Jha (petitioner), Shailendra Kumar Singh (APP).

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Court below/concerned Court. ¶19

Ashish Kumar @ Asheesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6105 of 2025

¶2

Arising Out of PS. Case No.-202 Year-2024 Thana- EXCISE UDAKISHUNGANJ DistrictMadhepura

¶3

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

¶4

Ashish Kumar @ Asheesh Kumar Son of Ramakant Yadav Resident of Village - Bhawra, Ward No. 01, P.S. - Sonbarsha, District - Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

¶9

ORAL ORDER

¶10

2 12-02-2025

¶11

Heard learned counsel for the petitioner and learned

¶12

APP for the State.

¶13

The petitioner seeks bail in connection with Udakishunganj Excise P.S. Case No. 202 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

¶14

As per prosecution case, the police has recovered total 150 liters of illicit country-made liquor from the motorcycle. The petitioner was arrested on the spot.

¶15

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. He further submits that nothing

¶16

Patna High Court CR. MISC. No.6105 of 2025(2) dt.12-02-2025 2/2

¶17

incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.10.2024 without any rhymes or reason.

¶18

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

¶19

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udakishunganj Excise P.S. Case No. 202 of 2024.

¶20

(Rudra Prakash Mishra, J)

¶21

rishi/-

¶22

U T

Ashish Kumar @ Asheesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashish Kumar @ Asheesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pankaj Kumar @ Pankaj Kumar Yadav @ Pankaj Yadav Vs The State of Bihar

Hemant Kumar Vs The State of Bihar

Raj kumar Vs The State of Bihar

Chandan Kumar Vs The State of Bihar

Sonu Kumar @ Shiba Vs The State of Bihar

Bijendra Manjhi Vs The State of Bihar