Ajit Kumar @ Ajit Yadav @ Ajit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20565 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- BOKHRA District- Sitamarhi ====================================================== Ajit Kumar @ Ajit Yadav @ Ajit Kumar Yadav Son of Ramlala Yadav @ Ram Lal Yadav Resident of Village - Mahisautha, Police Station- Bokhra, District -Sitamadhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases, out of which, four cases are under the Excise Act and allegation is of recovery of 32.85 litres of liquor from a hut situated near the house of Md. Irshad, 311.46 litres of liquor from a bush near the house of Sushil Kumar along with 100-150 litres of Mahua Jaggery solution which was destroyed. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from

Patna High Court CR. MISC. No.20565 of 2026(2) dt.17-04-2026 2/3 his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and petitioner has no concern or relation with Md. Irshad and Sushil and he came to be implicated at the instance of chowkidar with whom he is on an inimical term. It is also submitted that in majority of the case, the police implicates at the instance of chowkidar and local person specially those accused who have criminal antecedent under the Excise Act, without holding a proper investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bokhra P.S. Case No.04/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the

Patna High Court CR. MISC. No.20565 of 2026(2) dt.17-04-2026 3/3 event if it is found that petitioner has antecedent of more than six cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of six cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T