Ajit Kumar @ Anjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35983 of 2020 Arising Out of PS. Case No.-343 Year-2020 Thana- KESARIA District- East Champaran ====================================================== AJIT KUMAR @ Anjit Kumar S/O Awadh Kishore Mahto R/O Vill. - Sagar Mathia, P.S. Pipra, Dist. - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2021 Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State.

The petitioners seek regular bail in connection with Keshariya PS case no. 343 of 2020 instituted for the offences punishable under Sections 30(a), 37(C) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 158.535 liters of illicit liquor from a Bolero car and the petitioner is said to be the driver of the said car.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 28.08.2020. The learned counsel for the petitioner has further submitted that the Bolero vehicle in

Patna High Court CR. MISC. No.35983 of 2020(2) dt.22-01-2021 2/2 question does not belong to the petitioner, hence the petitioner has got no complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the vehicle in question does not belong to the petitioner herein, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran at Motihari in connection with Keshariya PS case no. 343 of 2020. (Mohit Kumar Shah, J) rinkee/- U T