Ajay Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 38076 of 2018 Arising Out of PS. Case No.-109 Year-2017 Thana- Khudaganj District- Nalanda ====================================================== Ajay Kumar Das, Son of Kamta Das, Resident of village- Barandi Maniyara Nimchak, P.S.- Nimchak, Bathani, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
04-07-2018 Heard Sri Raj Kishore Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Khudaganj P.S. Case No. 109 of 2017 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.
Learned counsel for the petitioner, by way of referring to statement made in paragraph - 3 of the petition, submits that petitioner is having clean antecedent. He has also drawn my attention to F.I.R. to show that informant, who is police officer, in his fardbeyan has categorically stated that one motorcycle with rider & pillion rider was chased and one person was arrested and he also disclosed the name of the person, who fled away, as Chhotey Kumar Ravidas, not petitioner, however; petitioner in this case has been made accused only on the
Patna High Court Cr.Misc. No.38076 of 2018(2) dt.04-07-2018 2/2 ground that he is owner of the motorcycle. A plea has been taken that one of his friend, for his personal use, had taken away his motorcycle and without his knowledge, he was carrying liquor.
Considering the nature of accusation as well as clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Ajay Kumar Das 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 6th A.D.J.-cum-Special Judge, Nalanda at Biharsharif in connection with Khudaganj P.S. Case No. 109 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J.) anay U T