Ajit Chaudhary @ Ajit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Ajit Chaudhary @ Ajit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Gaya / Concerned Court, subject to Section 482(2) BNSS conditions; order lapses if petitioner is found involved in other criminal cases upon District Court verification.

Issue for consideration

Whether the petitioner is entitled to pre-arrest (anticipatory) bail in connection with Muffasil P.S. Case No. 179/2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the nature of allegation in the FIR, that recovery of illicit liquor was made from an open space easily accessible by anyone, and the petitioner's clean antecedents, the court finds that the petitioner has prima facie made out a case for pre-arrest bail.

Ratio / Principle

The petitioner is directed to be released on pre-arrest bail upon arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Gaya / Concerned Court, subject to conditions under Section 482(2) of the BNSS.

Key takeaways

The learned District Court is to verify the petitioner's criminal antecedents; if the petitioner is found involved in other cases contrary to what is stated in paragraph 3 of the bail application, this order will automatically lose its force.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J; oral order dated 18-06-2025, CRIMINAL MISCELLANEOUS No.36703 of 2025) grants pre-arrest bail to Ajit Chaudhary @ Ajit Kumar in Muffasil P.S. Case No. 179/2025 (Gaya), registered under Section 30(a) of the Bihar Prohibition and Excise Act, where the FIR alleges recovery of 210 litres of illicit liquor near a government canal. Grant rests on the recovery having been made from an open space easily accessible by anyone and the petitioner's clean antecedent. Bail bond fixed at Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Gaya / Concerned Court, subject to conditions under Section 482(2) of the BNSS; the learned District Court is to verify criminal antecedents, failing which the order will automatically lose its force.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36703 of 2025

Arising Out of PS. Case No.-179 Year-2025 Thana- GAYA MUFASIL District- Gaya

======================================================

Ajit Chaudhary @ Ajit Kumar, aged about 24 years, Gender- Male, S/o Raj Kumar Chaudhary @ Rajkumar Choudhry, Resident of village – Bhadeja, P.S. Muffasil, District, Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Singh, Advocate For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 18-06-2025

Heard Mr. Rakesh Singh, learned counsel appearing

on behalf of the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Muffasil P.S. Case No. 179/2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the allegation made in the FIR, 210 litres of illicit liquor was recovered near a government canal.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that recovery of illicit liquor has been made from an open space,

Patna High Court CR. MISC. No.36703 of 2025(2) dt.18-06-2025 2/3

which is easily accessible by anyone. Petitioner has clean antecedent.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Considering the nature of allegation made in the FIR and recovery of illicit liquor has been made from an open space, which is easily accessible by anyone and also the fact that the petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Gaya / Concerned Court in connection with Muffasil P.S. Case No. 179/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been

Patna High Court CR. MISC. No.36703 of 2025(2) dt.18-06-2025 3/3

stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J)

Sanjay/-

U T