Ajay Kumar @ Ajay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21187 of 2025 Arising Out of PS. Case No.-331 Year-2020 Thana- GARDANIBAG District- Patna ====================================================== Ajay Kumar @ Ajay Ram S/O Bhola Manjhi @ Bhola Ram R/O Yarpur Mahadalit Tola, P.S- Gardanibagh, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore (APP-100) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Gardanibagh P.S. Case No. 331 of 2020 lodged on 25.06.2020, for the offence punishable under Sections 30(a) & 34 of the Bihar Prohibition and Excise Act.

3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 13.500 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner's name has been transpired in this case by virtue of the information given by unknown person. Counsel submits that the recovery has been made from a vacant land and petitioner has no concern with the alleged illicit liquor. Counsel further submits that the criminal antecedent of the

Patna High Court CR. MISC. No.21187 of 2025(2) dt.23-04-2025 2/2 petitioner is not clean as there are two cases pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are two cases pending against him and this aspect must be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 4 weeks from today. In case, the petitioner surrenders within four weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J) Divyansh/- U T