Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19532 of 2025 Arising Out of PS. Case No.-134 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Ajay Kumar Son of Sri Bhola Manjhi R/O- Yarpur Mushhari, P.S.- Gardanibagh, District- 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. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Gardanibagh P.S. Case No. 134 of 2023, registered on 11.02.2023, for the offences punishable under Sections 30(a) & 34 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 75 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 further submits that nothing has been recovered from the possession of the petitioner, and the petitioner has no connection whatsoever with the said recovery in any manner. Counsel

Patna High Court CR. MISC. No.19532 of 2025(2) dt.16-04-2025 2/2 further submits that the petitioner is not apprehended from the spot. Counsel fairly admits that the petitioner's criminal antecedent is not clean, there are two criminal cases pending against him.

5. Learned APP for the State opposes the prayer for bail and submits that criminal antecedents of the petitioner are not clean.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application 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.) Aman Kumar/- U T