Ajeet Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27548 of 2025 Arising Out of PS. Case No.-75 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== Ajeet Keshari Son of Raghunath Prasad Keshri Resident of Village - Jaharbadi, Mohalla - Mirganj, Police Station - Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Phulwariya (Sripur OP) P.S. Case No. 75 of 2021, registered on 06.03.2021, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, total recovery of 25.92 litres of illicit liquor has been made, which is the subject matter of the present case. The said illicit liquor was recovered from two persons sitting on a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.27548 of 2025(2) dt.07-05-2025 2/3 further submits that, as per the allegations, there were two persons sitting on the motorcycle. The person sitting at the back used to keep a container in which the said recovery of liquor was made, whereas it is alleged that the person driving the vehicle fled away from the spot. Counsel further submits that nothing has been recovered from the possession of the petitioner, and whatever recovery has been made was from the person sitting at the back of the motorcycle. It is also submitted that the petitioner is alleged to be the person who fled away from the spot on the motorcycle, as identified by local people as well as by the apprehended person.

5. Learned APP for the State opposes the prayer for bail and submits that the criminal antecedent of the petitioner is not clean, as there is one criminal case pending against him.

6. In response thereto, counsel for the petitioner submits that the criminal case mentioned in paragraph 3 of the bail application was filed after the present case. Therefore, counsel submits that prior to the filing of the present case, the petitioner's criminal antecedent was clean.

7. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4

Patna High Court CR. MISC. No.27548 of 2025(2) dt.07-05-2025 3/3 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge- IV, Gopalganj, in connection with Phulwariya (Sripur OP) P.S. Case No. 75 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Aman Kumar/- U T