Ajay Kumar Rai @ Ajay Kumar @ S. Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41889 of 2024 Arising Out of PS. Case No.-197 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Ajay Kumar Rai @ Ajay Kumar @ S. Kumar Son Of Pramod Rai @ Pramod Ray Village- Badi Eghu (BARI Eghu), Mohan Eghu, Ward No. 41 (NEAR Sachivalaya), P.S.- Muffasil, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends arrest in a case registered for the offences punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 131.865 litres of Indian made foreign liquor was recovered from a pond in a village Bari Eghu.

4. Learned counsel appearing for the petitioner submitted that petitioner is innocent and has falsely been implicated in this case. On the basis of suspicion, the name of the petitioner has transpired in this case. Nothing has been recovered from the conscious possession of this petitioner.

Patna High Court CR. MISC. No.41889 of 2024(2) dt.16-07-2024 2/2 Petitioner has one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts of the case and alleged recovery is not made from the possession of this petitioner, this anticipatory bail is allowed, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Begusarai in connection with Complaint P.S. No. 197C2 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T