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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22367 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Ajay Kumar Sah @ Ajay Sah Son of Late Ram Sah, Resident of VillageManiya More, P.S.- Naugachia, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2017 Heard learned counsel for the petitioner and the State. The petitioner is in custody since 23.1.2017 in connection with Naugachia P.S. Case No. 12 of 2017 for the offence under sections 30(A) and 28(i) of the Bihar Prohibition and Excise Act, 2016.

The petitioner has stated on affidavit in para-3 that he has clean antecedent.

From perusal of the FIR, it transpires that 92 bottles containing 375 ml. of whisky and 77 bottles of 180 Ml. rum was recovered from back seat of the Auto. The petitioner disowns the ownership of the seized liquor and claimed that he is innocent Auto driver. He has nothing to do with the liquor kept in the bag. He has stated in para-6 onward that he has no knowledge about the

Patna High Court Cr.Misc. No.22367 of 2017 (2) dt.08-06-2017 2/2 liquor kept in the bag of the lady passenger travelling in the auto and as such he claimed his innocence.

Be that as it may, the petitioner is in custody since 23.1.2017 and as per statement made in para-3 that petitioner has claimed that he has no criminal antecedent, let the petitioner, named above, 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 learned A.C.J.M.-II, Naugachia, Bhagalpur, in connection with Naugachia P.S. Case No. 12 of 2017 on the condition that the petitioner will extend full cooperation in the conclusion of the trial and will not, in any manner, influence the evidence or the witnesses.

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