Ajay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40659 of 2020 Arising Out of PS. Case No.-25 Year-2020 Thana- BITHAN BAZAR District- Samastipur ====================================================== Ajay Thakur, Son of Late Madan Thakur, Resident of Village - Belsandi, P.S.- Bithan, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar- Advocate For the Opposite Party/s :

Ms. Asha Devi- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Heard Mr. Ajay Kumar, the learned Advocate for the petitioner and Ms. Asha Devi, the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Bithan P. S. Case No.25 of 2020, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

About four and half litres of liquor is said to have been recovered from an open space and the fodder house. The petitioner denies that the fodder house or the place from where the recovery has been made belongs to him. The petitioner does not have criminal antecedents. It has been submitted that from the aforesaid facts, none of the offences under the Excise Act can at all be said to have been made out against him.

Patna High Court CR. MISC. No.40659 of 2020(2) dt.22-06-2021 2/2 For the reasons afore-stated, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cum-Special Judge (Excise), Samastipur in connection with Bithan P. S. Case No.25 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T