Patna High CourtCR. MISC./15987/2019bail granted

Ajay Das @ Ajay Kumar Das v. The State Of Bihar

2019-03-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15987 of 2019 Arising Out of PS. Case No.-1034 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Ajay Das @ Ajay Kumar Das, Son of Chinta Das @ Chinta Haran Das Resident of Mohalla-Belbagh, Bangali Basti (Colony) Ward No. 32, Police Station-Bettiah (Town), District-West champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bettiah (Town) P.S. Case No. 1034 of 2018 dated 04.12.2018 instituted for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

9.600 litres of liquor is said to have been recovered from a bush in front of the house of coaccused Ashish Saha. The petitioner has been shown to be an associate of the aforesaid Ashish Saha who is alleged to have run away on seeing the police party. Learned counsel for the petitioner has submitted that the prosecution of the petitioner in the

Patna High Court CR. MISC. No.15987 of 2019(2) dt.15-03-2019 2/2 instant case is only on the basis of presumption and there is no recovery either from his possession or constructive possession. The petitioner has clean antecedents.

For the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, West Champaran at Bettiah in connection with Bettiah (Town) P.S. Case No. 1034 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T