Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36458 of 2026 Arising Out of PS. Case No.-66 Year-2026 Thana- BACHHWARA District- Begusarai ====================================================== Ajay kumar S/o Ashok Yadav @ Ashok Kumar Ro Vill. - Rudauli, Ward no. 12, P.O. - Udauli, P.S. - Bachhwara, Dist. - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner is apprehending arrest in connection with Bachhwara P.S. Case No. 66 of 2026, dated 01.03.2026, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. As per the prosecution, total recovery of 30 litres of illicit liquor has been made, which is the subject matter of the present case.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that nothing has been recovered from the

Patna High Court CR. MISC. No.36458 of 2026(2) dt.04-06-2026 2/2 conscious possession of the petitioner. Counsel further submits that the petitioner's name has surfaced in the present case solely on the basis of a confessional statement. Counsel also submits that the petitioner does not have a clean criminal antecedent, as one criminal case is pending against him. However, the said case is not under the Excise Act but under the Indian Penal Code, in which he has already been granted bail.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean.

7. Considering the facts and circumstances of the present case, 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 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Judge-I, Begusarai in connection with Bachhwara P.S. Case No. 66 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T