Patna High Court
Ajay Ram @ Badal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail application of the petitioner is rejected.
Summary
The petitioner, Ajay Ram (also known as Badal Kumar), was implicated in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act after 5.94 litres of illicit liquor were recovered from his residence. He applied for anticipatory bail, arguing that no incriminating material was found in his conscious possession and that the accusation was based merely on suspicion. The State opposed the bail, highlighting the recovery of liquor from his house and his two prior similar criminal antecedents, and relied on a Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019) to argue that anticipatory bail should not be granted. The Court examined whether the petitioner’s circumstances justified the extraordinary relief of anticipatory bail. Considering the facts and the precedent, the Court rejected the anticipatory bail application, concluding that the petitioner was not entitled to such relief.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the prevailing law given the recovery of illicit liquor from his premises.
- Whether the petitioner’s prior criminal antecedents and the Full Bench decision in Ram Vinay Yadav v. State of Bihar preclude the grant of anticipatory bail.
- Whether mere suspicion and recovery of contraband from the petitioner’s house suffice to deny anticipatory bail.
Subjects
- anticipatory bail
- prohibition law
- illicit liquor
- criminal antecedents
- bail jurisprudence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17549 of 2026
Arising Out of PS. Case No.-559 Year-2025 Thana- GARDANIBAG District- Patna
======================================================
Ajay Ram @ Badal Kumar Son of Late Sethi @ Late Sethi Ram Resident of
Yarpur Mushari, P.S.- Gardanibagh, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Gardanibagh P. S.
Case No. 559 of 2025 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 5.94 liters illicit liquor
was recovered from the house of petitioner.
4. Learned counsel appearing for the petitioner
submits that no incriminating material has been recovered from
the conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has been made
accused only on suspicion.
5. Learned A.P.P. for the State submits that 5.94 liters
illicit liquor was recovered from the house of the petitioner and
he has got two criminal antecedents of similar nature. He further
Patna High Court CR. MISC. No.17549 of 2026(2) dt.01-04-2026
2/2
submits that petitioner is not entitled to the privilege of
anticipatory bail in view of Full Bench decision of this Court
rendered in the case of Ram Vinay Yadav vs. The State of Bihar
reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail
application of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…