Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36475 of 2025 Arising Out of PS. Case No.-294 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Ajay Kumar Son of Parmanand Singh Resident of House No.- 27 Siktiya, Police Station - Chitra, District - Deoghar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-06-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jagdishpur P.S. Case No. 294/2019 registered on 23.08.2019 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. According to the prosecution, the present case involves the recovery of a total of 272 liters of country-made liquor loaded in a Maruti vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has a clean criminal record. The alleged recovery was not made from the petitioner's possession but from a Maruti car registered in the petitioner's name. However, the petitioner sold the vehicle in 2017 to one Sanjay Kumar, well before the

Patna High Court CR. MISC. No.36475 of 2025(2) dt.18-06-2025 2/2 alleged occurrence, and executed an agreement-cum-affidavit on 06.02.2017 on stamp paper to this effect. The petitioner could not effect the change of ownership in the vehicle registration after the sale, which is why his name appears in the case. The petitioner undertakes to complete the ownership transfer within three months if granted bail.

5. Learned APP for the State opposes the prayer for bail.

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 learned Additional Sessions Judge-IX, Bhagalpur, in connection with Jagdishpur P.S. Case No. 294/2019, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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