Ajit Sah @ Ajit Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53903 of 2021 Arising Out of PS. Case No.-308 Year-2020 Thana- RAJPUR District- Buxar ====================================================== AJIT SAH @ AJIT KUMAR SAH SON OF HARIDWAR SAH R/O VILL. - BAHUWARA, P.S.- RAJPUR, DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, information was received about five named accused persons including the petitioner herein who were involved in the business of liquor having got and stored liquor in the agricultural field. It is stated that on a raid being conducted 371.52 litres of liquor was recovered. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession. He has no concern either with the seized liquor nor with its alleged place of recovery. The cause of false implication of the petitioner is his antecedent. He is in

Patna High Court CR. MISC. No.53903 of 2021(2) dt.01-04-2022 2/2 custody since 23.6.2021 and chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State who submits that the petitioner has antecedents under the Bihar Prohibition and Excise Act, 2016.

Having heard learned counsel for the parties and taking into nature of allegation, the petitioner not having been arrested at the spot and having remained in custody for more than 9 months, the petitioner is directed to be enlarged on bail in connection with Rajpur P.S. Case no. 308 of 2020 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 Sessions Judge II - cum - Special Judge, Excise Act, Buxar.

(Partha Sarthy, J) Spd/- U T