Ajit Kumar Roy @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12335 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Ajit Kumar Roy @ Ajit Kumar S/o Sita Ram Roy, R/o Village- Harpur Pusa, P.S.- Pusa, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anshu Dhar Sharma For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Excise Case No. 17 of 2018 registered for the offences punishable under Sections 30(a) , 38(i) of the Bihar Prohibition and Excise Act and section 414 of the Indian Penal Code. The allegation is regarding recovery of 6.750 liters of illicit liquor from the co-accused person.

The learned counsel for the petitioner submits that no recovery has been effected from the conscious possession of the petitioner and the petitioner is having clean antecedent. Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is

Patna High Court Cr.Misc. No.12335 of 2018 (2) dt.28-02-2018 2/2 made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -III cum Special Judge, (Excise), Samastipur in connection with Excise Case No. 17 of 2018, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T