Ajay Kumar @ Ajay Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27763 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- JALE District- Darbhanga ====================================================== AJAY KUMAR @ AJAY KUMAR RAY, S/O Vinod Ray, Resident of Village - Khera (Reorha), P.S. - Jale, District - Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Panchanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2020 The matter has been taken up through virtual Court proceeding.

Let the defects be removed within two weeks of the start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Foreign liquor was recovered from the field side and it is alleged that the same was of the petitioner. Submission is that there is no witness who had seen the petitioner putting that liquor thereat nor the place of recovery belongs to the petitioner. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.27763 of 2020(2) dt.26-11-2020 2/2 Considering the facts that there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with G.O. Case No. 312 of 2020/Jale Police Station Case No. 38 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T