Ajay Prasad @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41796 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- MADHUBAN District- East Champaran ====================================================== Ajay Prasad @ Ajay Kumar S/o Punit Bhagat @ Pujydev Bhagat R/o Village -Bhelwa, P.S. Madhuban, District-East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends his arrest in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Amendment Act 2018 . 3 . As per the prosecution case , total 40 liters illicit liquor was recovered from Maize field of co-accused Umesh Prasad.
4. Learned counsel for the petitioners submits that no incriminating material has been recovered from the conscious possession of petitioner and he has been made accused only on the basis of suspicion . Recovery has been made from an open place which is accessible to one and all. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.41796 of 2025(2) dt.02-07-2025 2/2 5 . Learned counsel for the State opposed the bail petition .
6. Considering the aforesaid facts, clan antecedent of petitioner and circumstances of the case , this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive special Excise Court No. 3 East Champaran Motihari in connection with Madhuban P. S. Case No. 128 of 2025 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 . (Prabhat Kumar Singh, J) Koushik/- U T