Ajay Kumar Vs The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10120 of 2026

Arising Out of PS. Case No.-132 Year-2025 Thana- ARERAJ District- East Champaran

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Ajay Kumar, Male, aged about 25 years, Son of Rupam Mukhiya @ Rupan Mukhiya, Resident of Village - Bindwaliya (Bindvaliya), Ward No. 07, P.S.Govindganj, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

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2 17-02-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner apprehends his arrest in connection with Areraj P.S. Case No. 132 of 2025 instituted for the offences punishable under Sections 274, 275, 317(2) and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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As per the prosecution case, total 110 liters of country made chulai liquor has been recovered from the possession of the petitioner and co-accused on a motorcylce bearing Registration No. BR22X9269.

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Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely been implicated in this case. He submits that total 110 liters

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Patna High Court CR. MISC. No.10120 of 2026(2) dt.17-02-2026 2/3

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country made chulai liquor was recovered from a sack, which was tied on the seat of the super splendor motorcycle bearing Registration No. BR22X-9269. He further submits that the name of the petitioner has been surfaced in the present case only on the disclosure made by the co-accused namely, Ravi Kumar. Petitioner is not the owner of the said motorcycle, as submitted by learned counsel for the petitioner. He next submits that the seizure list witnesses are not the independent witnesses rather they are official witnesses. Petitioner has got clean antecedent as stated in para 3 of the petition.

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Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

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From perusal of the FIR and the impugned order of the learned Special Judge, Excise Court No. 1, East Champaran, Motihari dated 03.12.2025,it appears that on the basis of written report of the informant, namely Lal Babu Prasad Kumar, P.T.C., FIR has been registered under Sections 274, 275, 317(2) and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 against two co-accused persons including the present petitioner. It also appears that the petitioner is not arrested at the spot and his name has been surfaced in the case only on the basis of arrested co-accused person and no recovery has been

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Patna High Court CR. MISC. No.10120 of 2026(2) dt.17-02-2026 3/3

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made from the conscious possession of the petitioner. The recovery from a motorcycle bearing Registration No. BR22X9269 does not belongs to the petitioner as submitted by learned counsel for the petitioner. It also appears that petitioner has got clean antecedent as stated in para 3 of the petition, so considering all theses aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant anticipatory bail to the petitioner.

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Accordingly, let the petitioner above named in the event of his arrest or surrender before the trial Court within six weeks from today, be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 01, East Champaran at Motihari in connection with Areraj P.S. Case No. 132 of 2025, subject to the conditions laid down in Section 482(2) of the BNSS.

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(Ramesh Chand Malviya, J)

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Anand Kr.

Ajay Kumar v. The State Of Bihar

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Ajay Kumar v. The State Of Bihar

Case brief

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