Patna High CourtCR. MISC./23486/2018bail granted

Ajay Kumar And ANR v. The State Of Bihar

2018-04-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23486 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- NARHAT District- Nawada ======================================================

1. Ajay Kumar, S/o Rajo Rajbansi,

2. Ajay Chaudhary S/o Misri Chaudhary, Both R/o Vill.- Barauta, P.S.- Narhat , District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 8 of the bail petition. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Narhat P.S. Case no. 35 of 2018 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016.

100 lts. of toddy is said to have been recovered from the tempo and petitioner no. 1 Ajay Kumar who happens to be its driver and petitioner no. 2 Ajay Chaudhary its commuter were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.23486 of 2018(2) dt.26-04-2018 2/2 physical possession of the petitioners. They have no concern with the seized toddy. Petitioner no. 2 Ajay Chaudhary happens to be merely commuter of the said vehicle and both had no knowledge of keeping the said toddy in the aforesaid tempo. They have no criminal antecedent. They have been languishing in custody since 27.02.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. District Judge-II-cum Special Judge, Nawada in connection with Narhat P.S. Case no. 35 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T