Patna High CourtCR. MISC./7109/2024bail granted

Ajit Kumar Raj v. The State Of Bihar

2024-02-13Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7109 of 2024 Arising Out of PS. Case No.-533 Year-2023 Thana- Excise P.S. District- Begusarai ====================================================== Ajit Kumar Raj Son Of Bhuvneshwar Sharma R/O-Narayanpur Ward No. 01, P.S.-BHAWANIPUR, Distt.-BHAGALPUR ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise P.S. case No. 533 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that on secret information, police has recovered 99.360 liters wine from the railway station.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is alleged that 99.360 liters wine is recovered from the railway station. The petitioner has got no concerned with the alleged recovery of liquor. Nothing incriminating article has been

Patna High Court CR. MISC. No.7109 of 2024(2) dt.13-02-2024 2/2 recovered from the conscious possession of the petitioner. The petitioner is in custody since 17.12.2023 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of allegation and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. case No. 533 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T