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Patna High CourtCR. MISC./61950/2025bail granted

Ajeet Kumar Ranjan @ Ajeet Baitha @ Ajeet Bautha v. The State Of Bihar

2025-09-24Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61950 of 2025 Arising Out of PS. Case No.-223 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Ajeet Kumar Ranjan @ Ajeet Baitha @ Ajeet Bautha S/O Ram Chandra Baitha Resident of Village- Bakrihari, P.S.- Dhaka, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Dhaka Police Station Case No. 223 of 2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that on 11.05.2025, while on patrolling duty, the informant received secret information that the petitioner was selling illicit liquor at Bakrihari side. Upon such information, the police party proceeded towards the place of occurrence and noticed two persons attempted to escape, but

Patna High Court CR. MISC. No.61950 of 2025(2) dt.24-09-2025 2/3 one co-accused, namely, Khaheru Baitha, was apprehended and 300 ML Nepali Relax liquor was recovered from his possession. Khaheru Baitha disclosed that Ajeet Baitha (petitioner) had managed to flee, leaving behind illicit liquor. On search of Jute Sacks total 23.4 litres of Nepali Relax Liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence in the manner alleged. On mere perusal of the FIR it is evident that the said liquor was recovered from Bakrihari Side and one arrested co-accused, Khaheru Baitha. Nothing has been recovered from the conscious physical possession or premises of the petitioner. Petitioner has falsely been implicated in the present case only on the disclosure made by arrested co-accused, namely, Khaheru Baitha, having inimical term with the petitioner.

5. Having regard to the submissions made by the parties and taking into consideration the justification given by the petitioner and the fact that recovery is made from the arrested co-accused and nothing has been recovered from the conscious physical possession or premises of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of

Patna High Court CR. MISC. No.61950 of 2025(2) dt.24-09-2025 3/3 his arrest or surrender before the Court below within four weeks, be released 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 No. 03, East Champaran at Motihari, in connection with Dhaka Police Station Case No. 223 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) Siwani/- U T