Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 72016 of 2018 Arising Out of PS. Case No.-292 Year-2018 Thana- Pupri District- Sitamarhi ====================================================== Ajay Singh S/o Bijali Singh @ Phoolo Singh, R/o Village - Hariharpur, P.S. - Pupri, District - Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-12-2018 Heard Sri Sanjay Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Pupri P.S. Case No. 292 of 2018 registered for offence under Sections 272, 273, 279, 337, 338, 414 of the Indian Penal Code and Sections 30(a), 38, 41 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner has falsely been made accused by way of putting name of petitioner in the mouth of one of the accused, who was arrested while fleeing away and from motorcycle of the said accused namely Rahul, about 14.4 liters of Nepali Saufi wine was recovered. It has been argued that nothing has been

Patna High Court Cr.Misc. No.72016 of 2018(2) dt.04-12-2018 2/2 recovered from the possession of the petitioner and save & except the confessional statement of the co-accused, there is no other material. He has also drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent.

In view of nature of accusation and clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Ajay Singh be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge, Excise Act, Sitamarhi in connection with Pupri P.S. Case No. 292 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T