Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2905 of 2025 Arising Out of PS. Case No.-88 Year-2024 Thana- MANSURCHAK District- Begusarai ====================================================== Ajay Kumar S/O Ram Milan Ray R/O Gangsara, P.S- Sarairanjan, DistrictSamastipur, Bihar - 848505. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yash Sahay, Adv.

Mr. Keshav Bhardwaj, Adv.

Mr. Nikhil Kr. Agrawal, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-02-2025 Heard the parties 2.The petitioner is not named in the F.I.R. and apprehending his arrest in connection with Mansoorchak P.S. Case No. 88 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended).

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 50.05 litres of IMFL/country made liquor

4. It is submitted by learned counsel appearing

Patna High Court CR. MISC. No.2905 of 2025(2) dt.12-02-2025 2/3 on behalf of the petitioner that the implication of this petitioner with present case appears only for the reasons that he was owner of the vehicle bearing registration no. BR09GB8796, alleged to be found in carrying of aforesaid illicit liquor. It is submitted that nothing appears during investigation till now which suggest prima-facie that petitioner was under knowledge that his vehicle was used for carrying illicit liquor. While concluding arguments, it is submitted that above named petitioner is a man of clean antecedent.

5. Learned APP, opposes the prayer of bail.

6. In view of aforesaid facts and submission as recovery of illicit liquor not appears to be made primafacie from the physical possession of the petitioner, who is a man of clean antecedent, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.2905 of 2025(2) dt.12-02-2025 3/3 like amount each to the satisfaction of the learned Exclusive Special Judge, Excise II, Begusarai/concerned Court, where the case is pending in connection with Mansoorchak P.S. Case No. 88 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T