Ajay Kumar Baidya @ Ajay Kumar Baid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 41699 of 2017 Arising Out of PS. Case No.-309 Year-2017 Thana- Araria District- Araria ====================================================== Ajay Kumar Baidya @ Ajay Kumar Baid Son of Kanhaiya Lal Baidya Resident of Mahavir Nagar, Morbari Patti, P.S. Arama, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Sinha For the Opposite Party/s :

Mr. Binod Kumar 3 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

21-09-2017 Heard Sri Satish Kumar Sinha, learned counsel for the petitioner and Sri Binod Kumar-3, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Araria P.S. Case No. 309 of 2017 registered for offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30, 36, 38 and 47 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner is the owner of a transport company and in his godown, a raid was conducted and in the said raid, huge quantity of cough syrup was recovered. It has been argued that consignment of cough syrup was purchased by one of the co-

Patna High Court Cr.Misc. No.41699 of 2017(2) dt.21-09-2017 2/2 accused namely Alok Jain, who has already been granted anticipatory bail by this Court on 14-07-2017, vide Cr. Misc. No. 28706 of 2017. Learned counsel for the petitioner has also drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. Considering the nature of accusation, clean antecedent as well as the fact that one of the co-accused has been extended the privilege of anticipatory bail, there is no reason to refuse the same relief to the petitioner.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Ajay Kumar Baidya @ Ajay Kumar Baid be enlarged 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 Addl. Chief Judicial Magistrate - II, Araria in connection with Araria P.S. Case No. 309 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T