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Patna High CourtCR. MISC./56424/2025allowed

Ajay Ram @ Ajay Kumar v. The State Of Bihar

2025-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56424 of 2025 Arising Out of PS. Case No.-228 Year-2025 Thana- BARHARIA District- Siwan ====================================================== Ajay Ram @ Ajay Kumar S/O Manoj Ram R/O Vill.- Sahpur, P.O.- Madhopur, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Adv For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 39.6 litres of illicit foreign liquor along with 6 litres of countrymade liquor from two motorcycles which were parked in the Litchi orchard situated at Madhopur.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to suspicion. Further submission is that petitioner was not present on the spot and he has no concern with the seized illicit liquor or vehicle. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance

Patna High Court CR. MISC. No.56424 of 2025(2) dt.08-09-2025 2/2 of Section 103 of B.N.S.S. in preparing seizure list. Petitioner is not the owner of the alleged motorcycles or liquor or Litchi orchard. Petitioner has clean antecedent. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no. 1, Siwan in connection with Barharia P.S. Case No. 228/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) krishnakant/- U T