Ajay Yadav @ Ajay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13363 of 2022 Arising Out of PS. Case No.-275 Year-2017 Thana- SIRDALA District- Nawada ====================================================== AJAY YADAV @ AJAY PRASAD Son of Late Parmeshwar Prasad Resident of Village - Kosumbhatari, P.s.- Sirdalla, Distt.- Nawadah. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sirdalla P.S. Case No. 275 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 13.12.2021.
The allegation against the petitioner is to be engaged in illegal trade of illicit country made liquor and has found in possession of 110 litres of illicit country made mahua liquor. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of
Patna High Court CR. MISC. No.13363 of 2022(3) dt.24-06-2022 2/3 disclosure of co-accused, namely, Jai Ram Manjhi. It has further been submitted that recovery has been made from open place near forest located near Kusumbhatari village. It has further been submitted that the petitioner is involved in other 7 cases, in which, he is on bail. While condcluding the argument, it has been submitted that charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged recovery has been made from the open place.
Considering the facts and circumstances as mentioned above, as recovery is not made from the conscious physical possession of the petitioner coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Sirdalla P.S. Case No. 275 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st, Nawadah, subject to the following conditions: "(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the
Patna High Court CR. MISC. No.13363 of 2022(3) dt.24-06-2022 3/3 State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be Akhlesh Kumar, who is the cousin of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/- U T