Ajay Kumar @ Ajay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19861 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- NADI P.S. District- Patna ====================================================== AJAY KUMAR @ AJAY RAY S/O BALKISHUN RAY R/o villageFatehjangpur, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 220 liters of country made liquor. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from Tempo in question. He further submits that neither the petitioner happens to be owner of the said vehicle nor he

Patna High Court CR. MISC. No.19861 of 2022(2) dt.05-08-2022 2/3 happens to be driver of the alleged vehicle and he has no concern with the alleged recovery and the vehicle in question in any manner. He further submits that the coaccused, namely, Sanjay Kumar Ray @ sanjay Ray has already been granted bail by this Court vide order dated 11.07.2022 passed in Cr. Misc. No. 17317 of 2022. The petitioner is rotting in judicial custody since 17.11.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released 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 Court below where the case is pending in connection with Special Case No. 1995 of 2021 (arising out of Nadi P.S. Case No. 53 of 2021) with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.19861 of 2022(2) dt.05-08-2022 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T