Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90026 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== Ajay Yadav Son of Late Nand Ji Yadav Resident of Village - Balua, P.S.- Brahmpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Dayal Singh, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 109, 132, 324(4) of B.N.S., 2023, Sections 27, 26 and 35 of the Arms Act as well as Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 111.78 litres of liquor along with 30 litres of beer from different vehicles, as detailed in the FIR, along with arms and ammunition. It is also alleged that the accused persons fled from the place of occurrence after resorting to firing.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner is not the owner of any of the seized vehicles and is a person with clean antecedent. It

Patna High Court CR. MISC. No.90026 of 2025(2) dt.17-01-2026 2/2 is also submitted that petitioner came to be implicated based on the disclosure made by the Chowkidar and villagers.

5. The learned APP vehemently opposes the anticipatory bail application and submits that the case is not only under the Excise Act but under the Arms Act also and it is specifically alleged in the FIR that the accused persons were fleeing resorted to firing. It is also submitted that no averment or pleading has been made in the anticipatory bail application that as to what the petitioner does. It is also submitted that investigation of the case is in its nascent stage and if privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond or try to tamper with the evidence.

6. Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected in connection with Brahmpur P.S. Case No.181 of 2025, pending in the court of learned Exclusive Excise Special Court No.-02, Buxar/Successor Court.

(Satyavrat Verma, J) Sanjay/- U T