IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69069 of 2025 Arising Out of PS. Case No.-309 Year-2025 Thana- AAJAM NAGAR District- Katihar ====================================================== Ajay Yadav S/O Late Sikandar Yadav Resident of Village- Dhena Bagchhala, P.S.- Azamnagar, District- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Azamnagar P.S. Case No. 309 of 2025 registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. As per the prosecution story, on 26.08.2025, Sub- Inspector Subhash Choudhary of Azamnagar Police Station, Katihar, received confidential information during evening patrolling that Ajay Yadav, a previously jailed offender, was again selling liquor near his house. Acting on this tip, the police reached Village Dhena Baghchhalla at 6:10 PM and saw a man carrying two white gallons. On spotting the police, he fled, leaving the gallons behind. Due to darkness and mud, he escaped. Villager Subol Mandal identified the absconded person Patna High Court CR. MISC. No.69069 of 2025(2) dt.08-10-2025 2/3 as Ajay Yadav. A search was conducted in the presence of the raiding team with videography, and 20 liters of country-made liquor were recovered. A seizure list was prepared, and the liquor was taken to the police station. Villagers confirmed Ajay Yadav regularly brought liquor from Bengal and sold it locally. 4. Learned counsel for the petitioner submits that the name of this petitioner has surfaced on the confessional statement of one Subol Mandal while in the seizure list the person is not a witness whereas the persons who were said to be the witness of the said seizure list is a home guard and according to this petitioner, they are not an independent witness. 5. Learned counsel for the petitioner further submits that the seized articles was not recovered from the conscious possession of the petitioner and the even during the course of search of his house, nothing incriminating is said to have been recovered and the petitioner has one criminal antecedent akin to the instant case which is said to have been registered in the year 2024 and is on bail in the said case and further, he is ready to abide by the terms and conditions laid down by this Hon’ble Court in case of privilege of anticipatory bail extended in his favor. 6. Learned APP for the State opposes the prayer for Patna High Court CR. MISC. No.69069 of 2025(2) dt.08-10-2025 3/3 anticipatory bail application. 7. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 8. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District Additional and Sessions Judge, Exclusive Special Excise Court – II, Katihar, in connection with Azamnagar P.S. Case No. 309 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. sharun/- (Ajit Kumar, J) U T