Ajay Kumar Ray @ Ajay Kumar @ Ajay Ram @ Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14381 of 2019 Arising Out of PS. Case No.-394 Year-2018 Thana- SAHPUR District- Patna ====================================================== AJAY KUMAR RAY @ AJAY KUMAR @ AJAY RAM @ AJAY RAI, aged about 30 years (Male) Son of Sri Suresh Ray R/o village- Hetanpur, P.SShahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 22.01.2019 in connection with Special Case No.299 of 2019 arising out of Shahpur P.S.Case No.394 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on secret information that one Sahdeo Ram is selling illicit liquor from his house, the house of co-accused Sahdeo Ram was raided and from the house 20 litres of country made liquor was recovered. From the possession of the petitioner in a plastic container 10 litres of country made liquor

Patna High Court CR. MISC. No.14381 of 2019(2) dt.11-03-2019 2/2 was found which was being carried by the petitioner. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and that entire 30 litres was not recovered from the possession of the petitioner and he is languishing in judicial custody since nearly two months. Petitioner undertakes to cooperate in the investigation and not to induce witnesses or tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No.299 of 2019 arising out of Shahpur P.S.Case No.394 of 2018 to the satisfaction of learned Special Judge, Excise, Patna.

(Nilu Agrawal, J) B.Kr./- U T