Ajay Gond @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17250 of 2021 Arising Out of PS. Case No.-317 Year-2020 Thana- DUMRAO District- Buxar ====================================================== AJAY GOND @ AJAY KUMAR S/O- Late Vishwanath Gond Resident of - Shivnandan Mishra Ki Gali, Ward No. 7, Dumraon, P.S. - Dumraon, District - Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 52.2 liters wine is recovered from the orchard.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.17250 of 2021(2) dt.28-06-2021 2/3 petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 52.2 liters wine is recovered from the orchard. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Sessions Judge -cum- Special Judge, Excise, Buxar in connection with Dumraon P.S. Case No. 317/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.17250 of 2021(2) dt.28-06-2021 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T