Patna High CourtCR. MISC./34697/2024rejected

Ajay Kumar Jaiswal v. The State Of Bihar

2024-05-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34697 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- BUXAR District- Buxar ====================================================== Ajay Kumar Jaiswal Son Of Gopal Prasad Resident Of Chaman Singh Bag Road Balia, P.S. - Balia Kotwali, District - Balia (UTTAR Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends their arrest in connection with Buxar (Town) P.S. Case No. 33 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, it is a case of recovery of total 387.36 litres of illicit foreign liquor from two Bolero Pickup bearing registration no. BR03K1802 and BR19F9737.

4. Learned counsel for the petitioner submits that the petitioner is innocent and have falsely been implicated in the present case. He further submits that nothing recovered from the conscious possession of the petitioner.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.34697 of 2024(2) dt.23-05-2024 2/2 opposed the prayer for regular bail.

6. On perusal of the FIR, bail petition and impugned order dated 06.04.2024, it appears that the petitioner is named in FIR and name of the petitioner transpired from the statement of the arrested persons on the spot further the petitioner has three criminal antecedents of similar nature under Uttar Pradesh Excise Act. Considering all aspects of the case, I am not inclined to grant bail of the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) vinayak/- U T