Ajay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19354 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Ajay Das, S/o late Sonfi Das, R/o Village Bel Dumarwana, P.S. Bairgania, Distt. Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.02.2018 in connection with Case No. C2/108/18 for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the SSB officials, is that the petitioner was found carrying Nepali sophy wine amounting to 19.62 litres near Indo-Nepal border. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, nothing has been recovered from his conscious possession, as is evident

Patna High Court Cr.Misc. No.19354 of 2018(2) dt.24-04-2018 2/2 from the seizure memo and it is only on the high-handedness of the SSB personnels that he has been made accused in the present case.

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

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 ADJ II cum Special Judge, Excise Act, Sitamarhi, in connection with Case No. C2/108/18, subject to the condition that petitioner will cooperate in the investigation/ trial and provide all necessary information, failure of which will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T