Ajit Kumar @ Ajit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53605 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Ajit Kumar @ Ajit Sahani, Son Of Rajendra Sahani @ Katiman Sahani Resident Of Village - Arba, P.S.- Bachhwara, District - Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a)(c) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 05 litres of liquor from a box kept in the house of the petitioner.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is also submitted that it has been specifically pleaded at Para-9 of the anticipatory bail application that the house is a joint family property, as such,

Patna High Court CR. MISC. No.53605 of 2022(2) dt.14-10-2022 2/2 it cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the house and came to be implicated because of his antecedent by the local people, but the F.I.R. does not disclose the name of any local people.

Learned A.P.P. opposes the bail application.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bachhwara P. S. Case No.66 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T