Ajay Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54269 of 2025 Arising Out of PS. Case No.-812 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Ajay Kumar Paswan S/O Deenanath Paswan R/O Vill.- Gaushala, Ranighat, P.S.- Katihar Nagar Sahayak, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Katihar Nagar PS Case No. 812 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. 3.

The prosecution case, in short, is that total 55 litres of liquor was recovered from plastic sack.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of

Patna High Court CR. MISC. No.54269 of 2025(2) dt.08-08-2025 2/3 disclosure made by local villagers. Learned counsel for the petitioner, therefore, contends that primafacie no case is made out against the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has four criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 25-06-2025, passed in Cr. Misc. No. 40126 of 2025.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner bears four criminal antecedents that too of the similar nature, hence, he does not deserve the privilege of anticipatory bail.

6.

Considering the aforesaid facts and circumstances of the case as well as specifically taking into account the four criminal antecedents of the petitioner, that too of the similar nature, hence, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for

Patna High Court CR. MISC. No.54269 of 2025(2) dt.08-08-2025 3/3 anticipatory bail is rejected.

7.

However, if the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) rishi/- U T