Ajay Kumar @ Ajay Kumar Sahni @ Ajay Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27107 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Ajay Kumar @ Ajay Kumar Sahni @ Ajay Sahni S/o Sonelal Sahni R/o Village- Sakra Faridpur, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Sakra P.S. Case No. 83 of 2024, instituted for the offences punishable under Sections 30(a), 32(1), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, 1627.2 liters liquor was recovered from pick-up vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further
Patna High Court CR. MISC. No.27107 of 2024(2) dt.08-04-2024 2/3 submitted that the petitioner is neither owner nor driver of the seized vehicle in question. Name of the petitioner has transpired due to secret information which was received by the police. The petitioner is in custody since 21.02.2024 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sakra P.S. Case No. 83 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.27107 of 2024(2) dt.08-04-2024 3/3 (III) Further condition is that, petitioner shall not commit such type of offence during the course of the trial. (Rudra Prakash Mishra, J) Rajorshi/- U T