Ajit Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25061 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== AJIT KUMAR THAKUR, aged about 18 years, Son of Shyamnandan Thakur @ Shyama Nand Thakur, Resident of Village - Kakraul, P.S.- Rahika, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Atul Shankar, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 76 of 2023 dated 22.02.2023 registered for the offence(s) punishable under Section(s) 272, 273, 414 and 34 of the Indian Penal Code and Sections 30(a) and 41(1)Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 454.125 litres of illicit liquor and the same is stated to have been recovered from possession of four persons including the petitioner who were riding on four motorcycles at the time of recovery and only 135 litres of said liquor is alleged to have been recovered from the conscious possession of this petitioner and he has concern to the said recovery only, petitioner is aged about 18 years and though against him, there

Patna High Court CR. MISC. No.25061 of 2023(2) dt.15-05-2023 2/2 is criminal antecedent of one case but the said case was registered under the offence of Indian Penal Code in which he is on bail and against the petitioner, the investigation has been completed in the present matter and he has been languishing in jail since 23.02.2023 and the witnesses of the seizure are police personnel.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's young age, as disclosed in the petition, the completion of investigation against him and also the fact that recovery of the alleged liquor was made before two police personnel who have been made witnesses of the seizure, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Jaynagar P.S. Case No. 76 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T