Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6466 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

Ajit Kumar Son Of Bhagwan Roy Resident Of Village - Bhairopur, P.S. Bidupur, District - Vaishali.

2.

Diwakar Kumar Son Of Narsing Narayan Singh Resident Of Niyazipur, P.S. Fatuha, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioners and the State. The petitioners pray for grant of bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act, 2018.

As per prosecution case, these two petitioners were apprehended on the spot along with Alto car and upon search 78 liters foreign liquor were recovered from the said car. Learned counsel for the petitioners submits that nothing was recovered from the possession of the petitioners. He further submits that petitioners are neither owners nor drivers of the car

Patna High Court CR. MISC. No.6466 of 2021(2) dt.15-04-2021 2/2 in question. Petitioners have clean antecedent and are in jail custody since 18.11.2020.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 the Addl. District & Sessions Judge II, Gopalganj in Excise case no. 328/2020 on the following conditions.

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T