Ajay Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16063 of 2025

Arising Out of PS. Case No.-130 Year-2024 Thana- RAMPUR District- Gaya

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Ajay Kumar Son of Indradev Prasad Resident of Village- Durga Asthan Gewal Bigha, Police Line Road, PS- Rampur, Distt.- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Thakur Mr.Vijay Kumar For the Opposite Party/s : Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 20-06-2025

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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2. The Petitioner is apprehending his arrest in

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connection with Rampur P.S. Case No. 130 of 2024 dated 15.03.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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3 . As per the prosecution case, total 35.200 litres of illicit foreign liquor including beer was recovered from the bag kept inside the Tempo.

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4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The name of the petitioner has sprung up in the

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Patna High Court CR. MISC. No.16063 of 2025(2) dt.20-06-2025 2/3

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confessional statement of the apprehended co-accused person, Prakash Kumar Singh. The petitioner neither the owner nor the driver of the said vehicle and he has no concern with the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused person has already been granted anticipatory bail by this court vide order dated 13.09.2024 passed in Cr. Misc. No. 48263 of 2024. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 . The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

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5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

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6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the

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Patna High Court CR. MISC. No.16063 of 2025(2) dt.20-06-2025 3/3

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petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Gaya in connection with Rampur P.S. Case No. 130 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Ajay Kumar v. The State of Bihar

Case brief

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Ajay Kumar v. The State of Bihar

Case brief

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