Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1875 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Ajay Rai (Male), aged about 38 years, son of Taplal Rai Resident of villageDomchho, Police Station- Lakari Nabiganj, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Mahmadpur P.S. Case No. 233 of 2018 registered for the offence punishable under Sections 30(a), 38, 41 of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 90 litres illicit liquor from a Scorpio Vehicle which was being boarded by the accused persons including the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is in custody since 20.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special

Patna High Court Cr.Misc. No.1875 of 2019(4) dt.15-02-2019 2/2 Judge, Excise, Gopalganj in connection with Mahmadpur P.S. Case No. 233 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) Sanjay/- U T