Patna High Court
CR. MISC./48670/2026 of Ajay Kumar Vs The State of Bihar on 16 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48670 of 2026 Arising Out of PS. Case No.-674 Year-2026 Thana- KATIHAR NAGAR District- Katihar ====================================================== Ajay Kumar S/O Habibul Mandal Resident of Mohalla- Hariganj, Koriya Tola, Katihar, P. S.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48670 of 2026
Arising Out of PS. Case No.-674 Year-2026 Thana- KATIHAR NAGAR District- Katihar ======================================================
Ajay Kumar S/O Habibul Mandal Resident of Mohalla- Hariganj, Koriya Tola, Katihar, P. S. and District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Rajendra Prasad Sah
For the Opposite Party/s :
Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
16-07-2026
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 Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 25.500 liters of liquor from house of the petitioner along with other articles.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and the house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in Patna High Court CR. MISC. No.48670 of 2026(2) dt.16-07-2026
the house or the liquor kept in the house was within his knowledge and after amendment in the excise act in the year 2018, the concept of deemed possession and presumed offender has been done away with and he came to be implicated based on the fact that his identity proof was recovered from the house. It is submitted that since house belongs to the petitioner, obviously identity proof could have been obtained from the house.
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 for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Katihar Nagar P.S. Case No. 674 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more Patna High Court CR. MISC. No.48670 of 2026(2) dt.16-07-2026
than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
Rishabh/- (Satyavrat Verma, J) U T