Ajay Chaudhary@Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67912 of 2025 Arising Out of PS. Case No.-505 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Ajay Chaudhary@Ajay Kumar, S/O Late Sitaram Chaudhary @ Late Gujar Chaudhary, R/o Village- Raghunathpur, P.S.-Fatehpur, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No. 505 of 2024, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 200 litre country made liquor from the Auto of the petitioner. Co-accused Binod Kumar Mistry was apprehended on the spot who disclosed the name of the petitioner that he was working as liner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion and due to village politics. Petitioner is neither owner nor driver of the vehicle in question.

Patna High Court CR. MISC. No.67912 of 2025(2) dt.07-10-2025 2/2 Except the disclosure statement of the co-accused, there is no material against the petitioner to correlate that the petitioner is involved in the offence. He has no concern with the seized liquor. Petitioner has one criminal antecedent. He undertakes to co-operate in the investigation and trial.

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

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, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-4, Gaya in connection with Fatehpur P.S. Case No. 505 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T