Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4642 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Ajit Kumar Son of Dev Narayan Varma Resident of Village - Teleni, Ward No. 9, P.S. - Bithan, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2020 Heard counsel for the parties.

The petitioner seeks bail in Excise Case No. 01 of 2020, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 494.280 litres of foreign liquor is alleged to have been recovered from the cattle house of petitioner. It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. There is no allegation of tampering with the evidence against this petitioner. Petitioner is in custody since 02.01.2020 having clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond

Patna High Court CR. MISC. No.4642 of 2020(4) dt.05-03-2020 2/2 of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge Excise, Samastipur in connection with Excise Case No. 01 of 2020, subject to the conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T