Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34195 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== AJIT KUMAR S/O RAMDAYAL RAY R/o village- Pachhiyari Malahi, Barh, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Excise Case No. 74 of 2021 for the offence registered under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 720 litres of illicit liquor from a pick up van and the petitioner is stated to be the driver of the said pick up van.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 26.02.2021. The learned counsel for the

Patna High Court CR. MISC. No.34195 of 2021(2) dt.13-12-2021 2/2 petitioner has further submitted that the petitioner is the driver of the pick up van in question and he was not having any knowledge about the contents of the consignment loaded on the said pick up van.

Per contra, learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is merely the driver of the pick up van in question and he is languishing in custody since 26.02.2021, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 Additional Sessions Judge-IInd-cumSpecial Judge, Excise Act, Gaya in connection with Excise Case No. 74 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T