Ajay Yadav @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10788 of 2024 Arising Out of PS. Case No.-9 Year-2022 Thana- YADOPUR District- Gopalganj ====================================================== AJAY YADAV @ AJAY KUMAR S/O OM PRAKASH YADAV @ OMPRAKASH YADAV R/O Village- Bhagwanpur, P.O- Siurajpur, P.SNautan, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devashish Giri For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Jadopur P.S. Case No.09 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 192 litre of illicit liquor from a bullock-cart.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not arrested on spot. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of the petitioner rather the same was recovered from a bullock-cart. It is further

Patna High Court CR. MISC. No.10788 of 2024(2) dt.22-02-2024 2/3 submitted that the petitioner has no concern with the alleged recovery of illicit liquor as well as bullock-cart. It is also submitted that similarly situated co-accused persons, who have arrested on spot, have already been granted bail by a learned coordinate Bench of this Court through Cr. Misc. 14161 of 2022 on 08.07.2022. It is further submitted that petitioner is in custody since 02.01.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Jadopur P.S. Case No.09 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge ExciseI, Gopalganj. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be

Patna High Court CR. MISC. No.10788 of 2024(2) dt.22-02-2024 3/3 released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T