Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24964 of 2026 Arising Out of PS. Case No.-383 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Ajay Rai S/O Mani Rai R/O Naya Tola, P.S.- Pirbahore, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kr. Arya, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-04-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Pirbahore P.S. Case No. 383 of 2025 registered on 18.05.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 110 liters illicit liquor, loaded on a scooty, is the subject matter of the present case.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. It is contended that no recovery has been made from the conscious possession of the petitioner; rather, the alleged recovery has been shown from a scooty which does not belong to the

Patna High Court CR. MISC. No.24964 of 2026(2) dt.29-04-2026 2/2 petitioner. Learned counsel further submits that the name of the petitioner has surfaced in the present case solely on the basis of the confessional statement of a co-accused, and apart from the same, there is no incriminating material against the petitioner. It is also submitted that the petitioner has a clean criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Patna, in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T