Ajit Kumar @ Ajeet Kumar @ Penter @ Penter Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38918 of 2024 Arising Out of PS. Case No.-433 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Ajit Kumar @ Ajeet Kumar @ Penter @ Penter Kumar S/O- Vishnu Rai @ Bhishan Rai @ Bhishan Ray Bishnu Resident of Village Lal Pokhar, P.S.- Hajipur Sadar, Dist.- Vaishali 2.

Ved Praksh Ray @ Sahil Kumar @ Ved Prakash S/O- Vinay Rai @ Vinay Ray Resident of Village Lal Pokhar, P.S.- Hajipur Sadar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioners in connection with Hajipur Sadar P.S. Case no. 433 of 2021 instituted for the offence under Sections 414, 420 of the Indian Penal Code and Section 30(a), 36, 41(1) of the Bihar Prohibition Act.

3. Prosecution case relates to recovery of 1706.760 litres of IMFL from Tata 407 vehicle and petitioner managed to escape.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.38918 of 2024(2) dt.17-05-2024 2/2 committed no offence. The name of the petitioners have been disclosed in this case by the local persons, which has no evidentiary value in the eye of law. Petitioners have no concern with the alleged liquor neither they were arrested on spot. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 7.4.2022 passed in Cr. Misc. No. 51922 of 2021. Petitioners are languishing in judicial custody since 23.4.2024.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 433 of 2021.

(Sunil Kumar Panwar, J) sushma/- U