Ajay Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29176 of 2026 Arising Out of PS. Case No.-724 Year-2025 Thana- BIKRAMGANJ District- Rohtas ====================================================== Ajay Musahar, Son of Bihari Musahar, Resident of Village- Gopalpur, PsBikramganj, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bikramganj P.S. Case No. 724 of 2025 dated 19.10.2025 instituted for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegation is of recovery of total 5 litre country made Liquor from a motorcycle bearing Reg. No. BR24AQ0805 which was being driven by co-accused, namely, Sahjad Khan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner rather the said liquor was recovered from the possession of apprehended

Patna High Court CR. MISC. No.29176 of 2026(2) dt.06-05-2026 2/2 person. The petitioner has been made accused in this case only on the basis that he is owner of the said motorcycle. It is further submitted that the apprehended person took motorcycle from the petitioner for treatment of his father and as such, the petitioner has no concern with the said illicit liquor. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bikramganj P.S. Case No. 724 of 2025, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) premchand/- U T