Ajay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28450 of 2021 Arising Out of PS. Case No.-389 Year-2020 Thana- ALOULI District- Khagaria ====================================================== AJAY SAH Son of Late Parmeshwar Sah Resident of Village- Kamathan, P.S.- Alauli, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma- Sr. Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2021 Heard the learned senior counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Alauli P. S. Case No.389 of 2020, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. The learned counsel for the petitioner submits that the petitioner is in custody since 21.12.2020 and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that from a room situated back of the godown of Md. Abu Faizan @ Pappu, 1630.44 litres of IMFL was recovered and Md. Abu Faizan @ Pappu disclosed the name of co-accused and with respect to this

Patna High Court CR. MISC. No.28450 of 2021(3) dt.30-11-2021 2/2 petitioner, it was disclosed that he used to sell the aforesaid liquor.

The learned senior counsel for the petitioner submits that petitioner was not apprehended and he has been falsely implicated in this case based on the statement of Md. Abu Faizan @ Pappu.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 21.12.2020 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Khagaria in connection with Alauli P. S. Case No.389 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T