Ajay Kumar @ Ajay Ram @ Ajay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69535 of 2025 Arising Out of PS. Case No.-690 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Ajay Kumar @ Ajay Ram @ Ajay Kumar Yadav S/O Satyanarayan Ram R/o Village- Pandit Sadan Jorar Basti, P.S.- Namkum, Distt.- Ranchi, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Nawada Excise P.S. Case No. 690 of 2024 registered for the alleged offences Sections 30(a)/47 of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, co-accused Suraj Kumar was apprehended when he was trying to escape after leaving behind his Scorpio vehicle. From the said vehicle, recovery of 252 liters of India made foreign liquor was made. The petitioner is stated to be working as liner.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and

Patna High Court CR. MISC. No.69535 of 2025(2) dt.25-09-2025 2/3 nothing incriminating has been recovered from his person or possession. The name of the petitioner came up in this case on the basis of statement of apprehended co-accused Suraj Kumar and except this there is no cogent material against the petitioner to connect him with the offences as alleged. The petitioner is neither the owner nor having any connection with the seized four wheeler. The co-accused Suraj Kumar has falsely implicated the petitioner due to some dispute. The petitioner is having clean antecedent and he is in custody since 22.07.2025.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and no recovery has been shown from his conscious possession and further considering the period of custody of the petitioner and his clean antecedent, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise)-2, Nawada/court concerned in connection with Nawada Excise P.S. Case No. 690 of 2024, subject to the conditions mentioned

Patna High Court CR. MISC. No.69535 of 2025(2) dt.25-09-2025 3/3 in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be the close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T