Patna High CourtCR. MISC./34663/2017bail granted

Ajay Kumar Das v. The State Of Bihar

2017-08-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34663 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -DHURAIYA District- BANKA ====================================================== Ajay Kumar Das Son of Late Ganga Prasad Das, R/o Village- Latta Podaiyahat, P.S.- Podaiyahat, District- Godda (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody in connection with Dhoraiya P.S. Case No. 99 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as per the First Information Report lodged by the police personnel, is that during checking 13.250 litres of foreign liquor was recovered from the motorcycle of the petitioner and 38 litres and 45 litres of foreign liquor was recovered from two other motorcycles of co-accused.

Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.34663 of 2017 (2) dt.04-08-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated. It is further submitted that two other coaccused, who were apprehended in two other motorcycles, have since been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 34319 of 2017 on 27.07.2017 and that petitioner is in custody since 26.05.2017.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Banka in connection with Dhoraiya P.S. Case No. 99 of 2017.

(Nilu Agrawal, J.) Arjun/- U T