Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27176 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== AJAY KUMAR Son of Goni Rai Resident of Village - Maksoodpur, P.S.- Minapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273, 420, 467, 468, 471 and 34 of the Indian Penal Code and sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016 . As per the prosecution case, on a raid being conducted 1782 litres of IMFL was recovered from three vehicles and some of the accused persons who made an attempt to escape and caught. The petitioner was amongst them.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from petitioner's possession. The petitioner has no concerned either with the three vehicle in question nor with the seized liquor. The cause of false implication of the petitioner is the antecedent

Patna High Court CR. MISC. No.27176 of 2021(2) dt.30-11-2021 2/2 under the Bihar Prohibition and Excise Act, 2016. He is in custody since 27.1.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 10 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Ahiyapur P.S. Case no. 60 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T