Ajay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28500 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -JOGBANI District- ARRARIA ======================================================

1. Ajay Thakur S/o Kanhaiya Thakur, Resident of Village- Kusamaha, P.S. Jogbani, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 19.04.2017 in connection with Jogbani P.S. Case No. 49/17 for offences punishable under Sections 272, 273 of the Indian Penal Code and 30(i), 38(a) of the Bihar Excise Act.

The prosecution case, as lodged by the SSB Commander, is that the petitioner was found with a bag containing 48 litres of Nepali Saufi Wine 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 antecedent and has

Patna High Court Cr.Misc. No.28500 of 2017 (3) dt.02-08-2017 2/2 been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

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 2nd Addl. Sessions Judge, Araria, in connection with Jogbani P.S. Case No. 49/2017.

(Nilu Agrawal, J) Rajesh/- U T