Ajay Ray @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47266 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Ajay Ray @ Ajay Kumar Son Of Nirasan Ray Resident Of VillageChakhaidar P.S -TAJPUR District -SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(1), 42(2) of the Bihar Prohibition and Excise Act, 2022.
3. The learned counsel for the petitioner submits that the petitioner has three antecedents and the allegation is of recovery of 1350 litres from the old Brick-kiln situated at Village Ramapur Maheshpur.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of the villagers but then the FIR does
Patna High Court CR. MISC. No.47266 of 2023(2) dt.25-07-2023 2/2 not disclose the name of the villager who disclosed the name of the petitioner. It is next submitted even alleged recovery is from a place which does not belong to the petitioner.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/-(Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise)- 02, Samastipur, in connection with Tajpur P.S. Case No 229 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Sankalp/- U T