Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24738 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== Ajay Singh Son of Ramdeo Singh Resident of village - Bandhuvarva, Police Station - Ramgarhwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-10-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ramgarhwa P.S. Case No.18 of 2020, registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., 10 litres of Mahua liquor was recovered from the place used by the petitioner for keeping straw ('bhusa').

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. The allegation in the F.I.R. are false and concocted. In any case of the matter, it is submitted that the place of alleged recovery cannot be said to be

Patna High Court CR. MISC. No.24738 of 2020(2) dt.15-10-2020 2/2 under lock and key of the petitioner and is accessible to all. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case including the fact that the petitioner has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Ramgarhwa P.S. Case No.18 of 2020, he will be enlarged on bail on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional District and Sessions Judge-cum-Special Judge, Excise Act, East Champaran at Motihari, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T