Ajay Rai Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47992 of 2025

Arising Out of PS. Case No.-242 Year-2025 Thana- PIRBAHOR District- Patna

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Ajay Rai S/o Munni Lal Rai Resident of Vill - Musallahpur, Mhavir Lane, P.O.- Mahendru, Sampatchak , Dist- Patna, Bihar - 800006

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Munna Raj, Advocate For the Opposite Party/s : Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

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3 10-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends arrest in connection with Pirabhor P.S. Case No. 242 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that 110 liters liquor was recovered from motorcycle.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

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Patna High Court CR. MISC. No.47992 of 2025(3) dt.10-10-2025 2/3

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the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by coaccused, namely, Kundan Kumar and the same has got no evidentiary value. It is next submitted that the petitioner has got no concern either with the co-accused person or with the motorcycle. The petitioner has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 14.07.2025 passed in Cr. Misc. No. 35141 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

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Patna High Court CR. MISC. No.47992 of 2025(3) dt.10-10-2025 3/3

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below/concerned Court in connection with Pirabhor P.S. Case No. 242 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Ajay Rai v. The State of Bihar

Case brief

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Ajay Rai v. The State of Bihar

Case brief

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