Ajay Jha @ Babua Don v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5528 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Ajay Jha @ Babua Don S/o Kameshwar Jha Resident of village -Dharmagatpur Gangti, P.S.- Sakra, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sagar Kumar, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in Sakra P.S. Case No. 518 of 2024 registered under Section 274, 275, 61(2), 3(5) of B.N.S. and 30(a), 32(1), 32(2), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act.
3. The prosection case in short, is that total 1651.680 litres of foreign liquor was recovered from truck and scorpio.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that petitioner is neither the owner of any of the seized vehicles. It is further submitted that the name of the petitioner has transpired on the confessional statement of co-accused. The petitioner has got five criminal
Patna High Court CR. MISC. No.5528 of 2025(2) dt.31-01-2025 2/2 antecedents.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the petitioner bears five antecedents. Hence, the petitioner does not deserve the privilege of anticipatory bail.
6. Considering the aforesaid facts and circumstances of the case and criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
7. The prayer is rejected. However, the petitioner is directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall consider and dispose of the same on its own merit without being prejudiced by this order.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T