Patna High Court
Ajay KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Anticipatory bail was granted to the petitioner as the recovery was not from his conscious possession and he has a clean antecedent.
Summary
Ajay Kumar was implicated in a case alleging possession of 110 litres of illicit country-made chulai liquor recovered from a motorcycle, which he does not own. The prosecution’s case relied on the statements of a co-accused and an informant, with no direct evidence of Kumar’s conscious possession. Kumar argued he is innocent, has a clean antecedent, and that the seizure witnesses are official rather than independent. The court examined the FIR, the special judge’s order, and noted that the recovery was not from Kumar’s possession. Considering the lack of direct involvement and his clean record, the court granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged recovery of illicit liquor from a vehicle not owned by him
- Whether the petitioner’s alleged involvement, based solely on co-accused testimony, suffices for arrest
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- excise
- clean antecedent
- co-accused testimony
- Section 482
Judgment
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
======================================================
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
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. 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.
3. 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.
4. 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
Patna High Court CR. MISC. No.10120 of 2026(2) dt.17-02-2026
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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.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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
Patna High Court CR. MISC. No.10120 of 2026(2) dt.17-02-2026
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made from the conscious possession of the petitioner. The
recovery from a motorcycle bearing Registration No. BR22X-
9269 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.
7. 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.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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