Ajay Kumar @ Ajay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58862 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Ajay Kumar @ Ajay Mahto S/o Rameshwar Mahto, R/o VillageKhanjahanpur, Ward No. 01, P.S.- Cheriya Bariarpur, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate.

For the Opposite Party/s :

Ms. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Cheriya Bariyapur P.S. Case No.111 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 28.800 litre illicit foreign liquor from straw house situated near the house of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure made by the local Chaukidar. He further submits that the petitioner was not present on the spot and no incriminating article has been

Patna High Court CR. MISC. No.58862 of 2025(2) dt.22-09-2025 2/2 recovered from his conscious possession. Learned counsel submits that the alleged recovery has been made from the straw house which is adjacent to the house of petitioner and easily accessible to all which is an open joint family property. He further submits that petitioner has got clean antecedent and he 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 aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court 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 Judge-1st, Begusarai in connection with Cheriya Bariyapur P.S. Case No.111 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T