Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8968 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- BEUR District- Patna ====================================================== Ajit Kumar, Son of Late Ram Narayan Ray, Resident of Village- Bishunpur Pakri, P.s.- Beur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Harish Chandra Patel, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Beur P.S. Case No. 42 of 2022, Special Case No. 437 of 2022, registered for the alleged offences under Sections 37 (b) (c), 30 (a), 33, 34 (iv) of the Bihar Prohibition and Excise Act, 2018.

Allegedly, the petitioner was caught in drunken condition with 20 litres of country made Mahua liquor. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.8968 of 2022(3) dt.29-06-2022 2/3 nothing was recovered from the conscious possession of the petitioner and due to enmity with local people, the petitioner was falsely implicated in this case. The petitioner is only breadearner of his family and doing work of labourer. The petitioner is in custody since 22.01.2022. Charge-sheet has already been submitted.

Learned APP has opposed the prayer for bail of the petitioner.

Having regard to the submissions made hereinabove and considering the fact that charge-sheet has already been submitted and the petitioner is in custody since 22.01.2022, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Beur P.S. Case No. 42 of 2022, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive

Patna High Court CR. MISC. No.8968 of 2022(3) dt.29-06-2022 3/3 dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T