Patna High CourtCR. MISC./37562/2024bail granted

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

2024-07-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37562 of 2024 Arising Out of PS. Case No.-187 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== Ajay Kumar Singh @ Ajay Kumar SON OF RAJ KUMAR SINGH ( WRONGLY MENTIONED IN THE FIR AS RAM BALAK SINGH) Village -Chandchaur Ramnagar PS- Ujiyarpur District -Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Abhay Shanker Singh, Advocate For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seek bail in connection with Ujiarpur P.S. Case No. 187 of 2023 registered for the offence punishable under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, 1727.595 liters of illicit foreign liquor has been recovered from a truck.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioner is neither owner nor driver of the vehicle in question. The petitioner has been made an accused in this merely on suspicion. Nothing has been recovered from the conscious possession of this petitioner.

Patna High Court CR. MISC. No.37562 of 2024(2) dt.05-07-2024 2/2 Petitioner is in custody since 15.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the rival submissions, period of custody and the fact that petitioner is neither owner nor driver of the vehicle in question, the prayer for bail of petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Samastipur, in connection with Ujiyarpur P.S. Case No. 187 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T