Ajay Kumar Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51004 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- MALAYPUR District- Jamui ====================================================== AJAY KUMAR RAWANI S/o VIMAL RAWANI R/o TIWARI MANDIR, CHOUTHAHI KALHI, P.S-JHARIYA, DISTRICT-JHARKHAND ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272, 273 and 34 of the Indian Penal Code and sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 180 litres of liquor was recovered from a tempo, 99 litres from a scorpio and 792 litres from the house of the accused. The petitioner who was the driver of the tempo was taken into custody.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner or from his tempo of which he is the driver. He has no concern with the scorpio or the house of the co-accused from where the alleged recoveries of liquor has been

Patna High Court CR. MISC. No.51004 of 2021(2) dt.24-02-2022 2/2 made. He is in custody since 7.5.2021 and has no criminal antecedent. Charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner being in custody for more than 9 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Malaypur P.S. Case no. 66 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge II, Jamui. (Partha Sarthy, J) Prakash/- U