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Patna High CourtCR. MISC./2508/2021allowed

Ajay Chaudhary v. The State Of Bihar

2021-03-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2508 of 2021 Arising Out of PS. Case No.-27 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== Ajay Chaudhary, Male, aged about 35 years, Son of Khusho Chaudhary, Resident of Village - Bari Jhikitia, P.S.- Maheshkhunt, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 27C3 of 2013 corresponding to G.R. No.46 of 2013 and Special B.A. (Excise) No.531 of 2020 registered for the offence punishable under Section 47(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 29 liters of country made liquor has been recovered from

Patna High Court CR. MISC. No.2508 of 2021(2) dt.16-03-2021 2/3 near the house of the petitioner. Learned counsel for the petitioner further submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner further submits that the petitioner has one criminal antecedent of similar nature mentioned in paragraph-3 of the bail petition. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 24.09.2020. Learned A.P.P. for the State opposed the bail petition. Petitioner is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID: pmcares@sbi.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-2nd-cum-Special Judge (Excise), Khagaria in connection with Maheshkhunt P.S. Case No. 27C3 of 2013 corresponding to G.R. No.46 of 2013 and Special B.A. (Excise) No.531 of 2020.

The bail bond of the petitioner shall be accepted by

Patna High Court CR. MISC. No.2508 of 2021(2) dt.16-03-2021 3/3 the learned Court below on showing receipt of deposit of Rs.10,000/- (Rupees Ten Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T