Ajay Kumar @ Ajay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.573 of 2025 Arising Out of PS. Case No.-501 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Ajay Kumar @ Ajay Kumar Yadav S/o Shatrudhan Yadav Resident of Suratganj, Madhubani, P.S.- Madhubani Town, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Gulnar Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-02-2025 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 Madhubani Town Police Station Case No. 501 of 2024, corresponding to G.R. No. 1554 of 2024, 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 04.11.2024, the police received the secret information that a red colour scooty laden with bottles of wine was about cross the station Chowk. Upon such information
Patna High Court CR. MISC. No.573 of 2025(2) dt.12-02-2025 2/3 police team went towards that place and began to check the vehicle. On seeing the police party, the occupant of the scooty left it on the road and fled away from the spot. On search of the scooty, total 66 litre Nepali countrymade liquor was recovered.
4. Learned Counsel for the petitioner submits that petitioner has falsely been implicated in the present case due to suspicion and nothing has been recovered from the conscious possession of the petitioner. He further submits that petitioner has been made accused on the basis of registered owner of the scooty. Scooty was borrowed by his friend for some urgent work. He next submits that at the time of incident, scooty was being plied by his friend and petitioner was not aware about the illicit liquor being carried or transported by his friend.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the identification given by the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner.
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) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.573 of 2025(2) dt.12-02-2025 3/3 satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubni, in connection with Madhubani Town P.S. Case No. 501 of 2024 corresponding to G.R. No. 1554 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Siwani/- U T