Patna High CourtCR. MISC./5538/2024bail granted

Ajay Kumar v. The State Of Bihar

2024-02-15Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5538 of 2024 Arising Out of PS. Case No.-607 Year-2023 Thana- RAMPUR District- Gaya ====================================================== AJAY KUMAR SON OF SHYAMDEV YADAV R/O-SALEMPUR TOLA, SHAHPUR, P.S.-DOBHI, DISTT.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Mohan Das For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rampur P.S. Case No.607/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. An allegation is of recovery of 11.655 litres of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated being owner of the motorcycle. It is also submitted that the petitioner was completely unaware that his relative Lalu kumar along with Sandeep Kumar would misuse

Patna High Court CR. MISC. No.5538 of 2024(2) dt.15-02-2024 2/2 the vehicle in the manner as alleged, who were also apprehended from the spot.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Gaya in connection with Rampur P.S. Case No.607/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T