Ajay Kumar @ Sri Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22441 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

Ajay Kumar @ Sri Ajay Kumar, S/O Upendra Chaurasiya @ Umashankar Chaurasiya, Resident of Village- Akhtiyarpur, P.S- Sarai Ranjan, DistrictSamastipur. 2.

Balindra Kumar @ Balindra Kumar Chaurasiya, S/O Baidynath Chaurasiya, @ Vaidyanath Mahto, Resident of Village- Akhtiyarpur, P.S- Sarai Ranjan, District- Samastipur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Anish Kumar, Advocate For the State :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Sarai Ranjan P.S. Case No.-42 of 2025, dated 14.03.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. As per allegation, 5.250 litre of illicit liquor has been recovered from a bamboo clump.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that recovery has been an open space

Patna High Court CR. MISC. No.22441 of 2025(2) dt.30-04-2025 2/3 accessible to public at large. He also submits that the petitioners have nothing to do with the alleged recovery of liquor.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no. 3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court, in connection with Sarai Ranjan P.S. Case No.-42 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners

Patna High Court CR. MISC. No.22441 of 2025(2) dt.30-04-2025 3/3 after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Ramesh.S.Ali/- U T