Ajay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32504 of 2020 Arising Out of PS. Case No.-124 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== AJAY KUMAR RAI, aged about 39 years, Gender-Male, S/o Ashok Rai, Resident of Village-Malpur, Police Station-Patepur, District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Braj Bhushan Poddar, Advocate.

For the Opposite Party :

Mr.Murlidhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 30 (a) of the Bihar Prohibition and

Patna High Court CR. MISC. No.32504 of 2020(2) dt.10-12-2020 2/3 Excise Act, 2016.

The prosecution story, in brief, is that total 720 liters wine is is said to have been recovered from Bolero Pick-up Van. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 22.07.2020. The petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 720 liters wine is recovered from the Bolero Pick-up Van in question. The petitioner is alleged to be the Khalasi of the said vehicle in question. The petitioner had no knowledge regarding the nature of goods booked by the Transporter. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.32504 of 2020(2) dt.10-12-2020 3/3 the learned Additional Sessions Judge-IInd-cum-Special Judge, Excise Act, Begusarai, in connection with Begusarai Excise Case No. 124C2/2020.

(Sudhir Singh, J) U.K./- U T