Patna High CourtCR. MISC./52164/2024bail granted

Ajay Ram v. The State Of Bihar

2024-07-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52164 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- BUNIYAD GANJ District- Gaya ====================================================== AJAY RAM SON OF LATE RANJEET DOME RESIDENT OF MOHALLAKALI ASTHAN, MURLI HILL, P.S.- KOTWALI, DISTT.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buniyadganj P.S. Case No. 68 of 2024 instituted for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 267 litres of liquor was recovered from the accused persons including this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in

Patna High Court CR. MISC. No.52164 of 2024(2) dt.19-07-2024 2/2 this case. The petitioner has got no concern either with the alleged recovery of liquor or with the seized bags. The coaccused person has already been granted bail by this Bench vide order dated 01.05.2024 passed in Cr. Misc. No. 32794 of 2024. The petitioner is in custody since 25.03.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

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

6. Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buniyadganj P.S. Case No. 68 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T