Ajay Kumar @ Ajay Beldar @ Ajay ChauhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33327 of 2026
                     Arising Out of PS. Case No.-144 Year-2026 Thana- GAYA MUFASIL District- Gaya
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                 Ajay Kumar @ Ajay Beldar @ Ajay Chauhan S/o Indradeo Beldar R/o vill -
                 Baradih, Gandhar, Baragandhar, P.S.- Mufassil, Distt.- Gayajee
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhandev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   29-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 318(4),

                   112(2) and 61(1) of the BNS, Section 11 of the Bengal

                   Gambling Act, 1867 as well as Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases and allegation is of

                   recovery of 2.52 litres of liquor from the premises of a water

                   park owned by the petitioner and 21 Scooty along with a

                   motorcycle and a cycle was seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and he came to be
Patna High Court CR. MISC. No.33327 of 2026(3) dt.29-06-2026
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          implicated being the owner of the water park. It is further

          submitted that water park is visited by several persons and it

          might be a possibility that someone entered the water park with

          meager amount of liquor for enjoyment. It is next submitted that

          petitioner is not the owner of any of the seized vehicles and

          came to be implicated based on the secret information which is

          the easiest way to implicate someone without holding a proper

          investigation of the case. It is also submitted that no prudent

          person would use his own premises for committing an

          occurrence and, thus, would create evidence against himself

          and, hence, would get implicated. It is lastly submitted that off

          late the police have started implicating accused with antecedent

          in cases relating to liquor for obvious reason without holding a

          proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.25,000/-

          (Rupees Twenty-five Thousand) with two sureties of the like
           Patna High Court CR. MISC. No.33327 of 2026(3) dt.29-06-2026
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                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/Successor Court in connection with Mufassil

                     P.S. Case No. 144 of 2026, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than five

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T