Patna High CourtCR. MISC./8027/2024bail granted

Ajay Kumar @ Ajay Kumar Rai v. The State Of Bihar

2024-02-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8027 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- Excise P.S. District- Vaishali ====================================================== Ajay Kumar @ Ajay Kumar Rai Son of Kaleshwar Ray R/o vill - Harpur Osti, P.S. - Mahua, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

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

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 27 litres of liquor from a Mango orchard.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which is accessible to public at large. It is further submitted that petitioner is not the owner of the Mango orchard and came to be implicated at the instance of the

Patna High Court CR. MISC. No.8027 of 2024(2) dt.26-02-2024 2/2 villagers but then the FIR does not disclose the name of the person who disclosed the name of the petitioner which casts as aspersion on the case of the prosecution.

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

7. 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 court below where the case is pending/successor court in connection with Mahua Excise P.S. Case No. 98 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T