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Patna High CourtCR. MISC./14786/2022bail granted

Ajay Kumar v. The State Of Bihar

2022-06-15Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14786 of 2022 Arising Out of PS. Case No.-537 Year-2021 Thana- DEHRI TOWN District- Rohtas ====================================================== AJAY KUMAR Son of Jagdish Chaudhary Sakin Barun Mohan Ganj, P.S.- Barun, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Ajay Shankar Rajoo For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Indrapuri P.S. Case No. 537 of 2021, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per allegation made in the F.I.R. 1065 litres alcohol was recovered from a vehicle bearing registration No. JH-03K-8565.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was co-passenger in the vehicle. He has no concern with the alleged liquor, which was recovered from the said vehicle. The petitioner is in custody since

Patna High Court CR. MISC. No.14786 of 2022(2) dt.15-06-2022 2/3 21.09.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner. He further submits that trade of illicit liquor is rampant in the State of Bihar and often hooch tragedy is being occurred due to consumption of illicit liquor by the people at large and as such petitioner is involved in heinous crime and he does not deserve to be released on bail. Considering the nature of allegation made in the F.I.R. against the petitioner the petitioner has remained in custody since 21.09.2021, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Rs. Fifty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge Excise, Rohtas at Sasaram in connection with Dehri Indrapuri P.S. Case No.

537 of 2021 after obtaining report from the District Transport Officer, Rohtas at Sasaram about the owner of the vehicle bearing registration No.

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.14786 of 2022(2) dt.15-06-2022 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T