Ajay Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.15616 of 2017 (2) dt.12-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15616 of 2017 ====================================================== Ajay Rai S/o Sri Kaith Rai @ Kaih Rai, Resident of Village- Hulashi Tola, P.S. Maner, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s : Sri Chandrasen Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2.

12-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 22.01.2017, in connection with Maner P.S. Case No. 28 of 2017, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on a secret tip of, he along with police party apprehended the petitioner near Rambad Chowk with a white colour plastic bag and a tube of truck containing about 50 litres Mahua wine. Accordingly, seizure list was prepared.

It has been submitted by learned counsel for the petitioner that he is innocent and has no criminal

Patna High Court Cr.Misc. No.15616 of 2017 (2) dt.12-04-2017 history. He has falsely been implicated in this case. He submits that nothing has been recovered from his conscious possession and has been arrested on false allegation. However, learned Additional Public Prosecutor opposes the prayer for bail.

Considering the facts and circumstances and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class-cum-A.C.J.M., Danapur, in connection with Maner P.S. Case No. 28 of 2017.

(Nilu Agrawal, J.) Rajeev/- U T