Ajit Singh @ Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89865 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- EXCISE MAHUWA District- Vaishali ====================================================== Ajit Singh @ Ajit Kumar, aged about 27 years, Son of Bramhamdev Singh @ Brahmadev Singh R/o Village - Chhatwara, Ward No. 18, P.S.- Mahua, District - Vaishali, Bihar. At presently residing at Chaksheknijam, Chhitwara Kapur (Chhatwara), Ward No. 6, P.S.- Mahau, District - Vaishali, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Paswan, Advocate Mr. Amar Kumar, Advocate Ms. Divyani Kumar, Advocate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Mahua Excise P.S. Case No. 227 of 2025 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 06.870 litres of illegal foreign liquor, including Imperial Blue Whisky and Magic Moments Granin Vodka has been recovered form a pit located around the house of the accused persons including the present petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.89865 of 2025(2) dt.23-12-2025 2/3 petitioner has falsely been implicated in this case. He further submits that petitioner has no concern with the alleged recovered liquor and no incriminating article has been recovered from the conscious possession of the petitioner. He next submits alleged liquor has been recovered from a pit located around the house of the petitioner which is an open and accessible area and is not under the exclusive conscious possession of the petitioner. He next submits that name of the petitioner has been figured in this case merely on the basis of suspicion. He next submits that petitioner has got no criminal antecedents as stated in para-3 of the bail petition.
5. However, learned APP for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and submission of learned counsel for the petitioner and also the fact that alleged 06.870 litres of illegal foreign liquor has been recovered from a pit located around the house of the petitioner and nothing has been recovered from the conscious possession of the petitioner and also the fact that petitioner has got clean antecedent, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six
Patna High Court CR. MISC. No.89865 of 2025(2) dt.23-12-2025 3/3 weeks from today, 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 Prohibition and Excise Court-II-cum-District & Additional Session Judge, Hajipur in connection with Mahua Excise P.S. Case No.227 of 2025 subject to the condition as laid down under Section 482 of BNSS.
(Ramesh Chand Malviya, J) Harshita/- U T