Patna High CourtCR. MISC./23414/2020disposed

Ajay Kumar v. The State Of Bihar

2020-09-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23414 of 2020 Arising Out of PS. Case No.-85 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Ajay Kumar S/o Rajkumar Bhagat Resident of Village- Rupauli Bishunpur, P.S.- Minapur, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-09-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Minapur P.S. Case No. 85 of 2020 for the offence under sections 272, 273, 414 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He submits that the petitioner is in custody since 27.3.2020. Name of the petitioner surfaced on the disclosure made by the person who was arrested alongwith liquor and nothing incriminating was recovered from the possession of this petitioner. Learned counsel for the State vehemently opposed the

Patna High Court CR. MISC. No.23414 of 2020(2) dt.16-09-2020 2/2 prayer for bail to submit that the petitioner is in custody in connection with the offence under Excise Act as well as Arms Act and his release may not be congenial for fair election in the month of November,2020.

Considering the aforesaid, the petition is disposed of with a direction to the court below to release the petitioner named above on bail on appropriate terms and conditions on completion of eight months from the date of custody i.e. 27.11.2020.

With the aforesaid, the present application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U T