Patna High CourtCR. MISC./7323/2020allowed

Ajay Rai @ Ajay Kumar v. The State Of Bihar

2020-02-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7323 of 2020 Arising Out of PS. Case No.-516 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ajay Rai @ Ajay Kumar Son of Vijay Rai Resident of Village - Adharpur, Ward No. 5, P.S. - Muffasil, District - Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party :

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Mufasil P.S. Case No. 516 of 2019 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that in the instant case total 24.120 litres of foreign liquor was seized. He further submits that nothing was recovered from conscious possession of the petitioner and he is only member of the joint family and recovery has been made from joint possession of the petitioner.

Considering the fact that recovery has not been made from conscious possession of the petitioner, this Court is

Patna High Court CR. MISC. No. 7323 of 2020(2) dt.29-02-2020 2/2 inclined to grant bail to him. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, 2nd-cumSpecial Judge, Excise , Samastipur in connection with Mufasil P.S. Case No. 516 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) BT/- U T