Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17552 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== AJIT KUMAR Son of Ramesh Ray Resident of Village- Bahpura, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Govind Mishra For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Aurangabad Excise Case No. 01/2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, there is alleged recovery of total 309.5 liters illegal foreign liquor from the vehicle in question. The petitioner was driver of the said vehicle and apprehended on the spot.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.17552 of 2022(2) dt.08-07-2022 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner was driver of the said vehicle having no knowledge of the English wine which was loaded by the owner of the said vehicle. He further submits that nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 05.01.2022 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, 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 to the satisfaction of learned Exclusive Special Judge, Excise No.2, Aurangabad, in connection with Aurangabad Excise Case No. 01/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.17552 of 2022(2) dt.08-07-2022 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T