Ajit Kumar @ Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26737 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- RAJAON District- Banka ====================================================== Ajit Kumar @ Ajeet Kumar Son of Late Anil Bhagat Resident of VillageMahuchak, P.S.- Nawada Bazar, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

14-10-2020 Heard counsel for the petitioner and State through video conferencing.

The petitioner seeks bail in Special Excise Case No. 171 of 2020 {corresponding to Rajoun (Nawada Bazar) P.S. Case No. 80 of 2020}, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

116.575 liters of illicit liquor is alleged to have been recovered from the house of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Recovery has been made from a room, which is in joint possession of the family. The petitioner has got clean antecedent, as stated in paragraph - 3 of the petition and he is in custody since 09-03-2020.

Patna High Court CR. MISC. No.26737 of 2020(2) dt.14-10-2020 2/2 Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Special Excise Case No. 171 of 2020 {corresponding to Rajoun (Nawada Bazar) P.S. Case No. 80 of 2020} on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled 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.".

(Prabhat Kumar Singh, J.) anay/- U T