Ajeet Kumar @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44428 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- KALYANPUR District- East Champaran ====================================================== Ajeet Kumar @ Ajit Kumar S/o- Late Gugali Sahani Resident of Sishwa Kharar P.S- Kalyanpur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Kundan Rathore @ Kundan Kumar, Adv.

For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 80 litres illicit country made liquor was recovered from the place of occurrence which was allegedly thrown by this petitioner and other co-accused persons.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on the basis of disclosure made by local chawkidar. The alleged illicit liquor

Patna High Court CR. MISC. No.44428 of 2025(2) dt.14-07-2025 2/2 has been recovered from an open place, which is accessible to one and all. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned Exclusive Special Excise Court - 3, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 86 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T