Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59795 of 2025 Arising Out of PS. Case No.-314 Year-2025 Thana- Excise P.S. District- Nalanda ====================================================== Ajit Kumar S/o Late Rajesh Yadav R/o Village- Gadhpar, P.S.- Bihar, DistrictNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwa Bijay Kumar, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2016.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 169.660 litres of liquor from a cowshed. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the cowshed belongs to his brother and he came to be implicated based on confessional statement of Chandan Kumar in police custody which does not have any evidentiary value. It is also submitted that cowshed is a place outside the house and thus, is
Patna High Court CR. MISC. No.59795 of 2025(3) dt.06-01-2026 2/3 accessible to villagers at large. It is further submitted that no prudent person would use his own premises for committing an occurrence and thus, would create evidence against himself and hence, would get implicated. It is next submitted that police in mechanical manner implicated the petitioner without holding a proper investigation when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-IInd, Biharsharif, Nalanda in connection with Excise P.S. Case Nalanda No.314/2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.59795 of 2025(3) dt.06-01-2026 3/3 the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sanjay/- U T