Ajay Singh Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40524 of 2022 Arising Out of PS. Case No.-299 Year-2021 Thana- AMAS District- Gaya ====================================================== Ajay Singh Bhokta Son of Late Bandhu Bhokta @ Bandhu Bhogata R/O Village- Delho, P.S.- Bankey Bazar, Distict- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Bihari For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Amas P.S. Case No. 299/2021 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, there is alleged recovery of total 80 liters country made Mahua liquor from two motorcycles in question. Apprehended co-accused, Chandan Das disclosed the name of petitioner and others who fled away from the place of occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.40524 of 2022(2) dt.24-08-2022 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 06.06.2022 and bears no criminal antecedent. Learned counsel for the petitioner further submits that the petitioner has neither concerned with the seized liquor nor concerned with the seized motorcycles in question. The name of petitioner surfaced in this case on the basis of confessional statement of co-accused, Chandan Das.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on the spot and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No.2, Gaya in connection with Amas P.S. Case No. 299/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother

Patna High Court CR. MISC. No.40524 of 2022(2) dt.24-08-2022 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T