Ajay Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34372 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== AJAY BHARTI, S/O JAGDISH BHARTI @ JAGDISH BHUIYAN, R/O Village- Pakadih, P.S-Imamganj, Dist.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mrs.vRenu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Imamganj P.S. Case No. 64 of 2023 dated 01.03.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, 40 litres of country made mahua liquor is said to have been recovered from the house of the petitioner. On seeing the police, the petitioner managed to flee away. He was identified by the local chowkidar.

Patna High Court CR. MISC. No.34372 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He has further submitted that the petitioner has no concern with the alleged recovery as well as the place from where the alleged liquor is said to have been recovered. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.04.2023. Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Imamganj P.S. Case No. 64 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T