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Patna High CourtCR. MISC./21698/2021bail granted

Ajay Kahar v. The State Of Bihar

2021-09-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21698 of 2021 Arising Out of PS. Case No.-308 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== AJAY KAHAR Son of Late Suchchun Kahar Resident of village- Phulli, P.S. - Kudra, District - Kaimur (Bhabua), Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Prachi Pallavi, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 414, 420, 467, 468, 471, 401 and 120B of the Indian Penal Code and sections 30(a) and (b) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case about 1873 litres of IMFL was recovered from a truck. It is stated that two accused persons including the petitioner herein made an offer of illegal gratification to the police party for release of the liquor. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner has been falsely implicated in the case because of his antecedent. No such occurrence has taken place.

Patna High Court CR. MISC. No.21698 of 2021(2) dt.20-09-2021 2/2 The case of the petitioner stands on a similar footing to that of co-accused Madan Prasad who has been enlarged on bail vide order dated 19.7.2021 passed in Cr. Misc. no. 20228 of 2021. The petitioner is in custody since 16.12.2020 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submission of charge sheet together with grant of bail to the similarly situated co-accused, the Court directs the petitioner to be enlarged on bail in connection with Durgawati P.S. Case no. 308 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Kaimur, Bhabua.

(Partha Sarthy, J) Prakash/- U