Ajay Choudhary Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36275 of 2026

Arising Out of PS. Case No.-84 Year-2026 Thana- TILAUTHU District- Rohtas

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Ajay Choudhary S/o Late Manikchand Choudhary R/o Village - Tillouthu, Uttar Patti, P.S - Tillouthu, District - Rohtas, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 02-06-2026

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Heard the learned Advocate for the petitioner and the

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learned Additional Public Prosecutor for the State through virtual mode.

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The petitioner apprehends his arrest in connection with Tillouthu P.S. Case No. 84 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

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Acting on a tip off, regarding trade of illicit wine and its concealment, the police conducted raid near the bank of Sone river and apprehended one ‘Ravi Yadav’. The apprehended person disclosed the name of the petitioner and others as accomplice. In course of search, total 330 liters country made liquor was recovered.

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Learned Advocate for the petitioner submitted that

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Patna High Court CR. MISC. No.36275 of 2026(2) dt.02-06-2026 2/3

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save and except the disclosure made by the apprehended person, there is no material suggesting the complicity of the petitioner in crime. Even as per the FIR, it is the admitted position that the alleged recovery has been made near the bank of Sone river, which is an open place, easily accessible to all. There is no other ingredients attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act; besides the violation of mandatory provision of Sections 103 and 105 of the BNSS.

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On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that besides the recovery of huge consignment of illicit liquor, the apprehended person disclosed the name of the petitioner and further there is an express bar to maintain anticipatory bail in such cases.

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Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the fact that the alleged recovery has been made from an open place and there is no other material suggesting the complicity of the petitioner; save and except the disclosure made by the apprehended person as also the lack of any ingredients attracting the rigors provided under Section 76(2) of

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Patna High Court CR. MISC. No.36275 of 2026(2) dt.02-06-2026 3/3

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the Bihar Prohibition and Excise (Amendment) Act; all the more, mere antecedent of a person cannot be the sole ground to reject his prayer for anticipatory bail, unless there is other cogent material, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Judge Excise, Court No.-II, Rohtas, Sasaram in connection with Tillouthu P.S. Case No. 84 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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shivank/-

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U T

Ajay Choudhary v. The State of Bihar

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Ajay Choudhary v. The State of Bihar

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