Ajeet Chaudhary @ Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90186 of 2024 Arising Out of PS. Case No.-311 Year-2024 Thana- GOH District- Aurangabad ====================================================== Ajeet Chaudhary @ Ajeet Kumar Son of Jawahar Chaudhary Resident of Village - Devhara, P.S.- Goh, District - Aurangabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2025

1. 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 Aurangabad Goh Police Station Case No. 311 of 2024, dated 20.10.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that one person has kept illicit liquor near Bharat Gas Godown and is selling the same, reached at the place of occurrence and on seeing the police, a person, who was standing near the Godown, fled away. On search, the police recovered 10 litres of illicit country-made liquor kept in the agricultural field of one Bibhishan Sao.

Patna High Court CR. MISC. No.90186 of 2024(2) dt.28-01-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of disclosure of his name by the Chowkidar and co-villagers as the person who fled away. He further submits that the illicit liquor has been recovered from the agricultural field, which is an open space and is accessible to all and sundry. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent and the illicit liquor has been recovered from an open space accessible to all, 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 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. II, Aurangabad, in connection with Aurangabad Goh Excise Police Station Case No. 311 of 2024, subject

Patna High Court CR. MISC. No.90186 of 2024(2) dt.28-01-2025 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √