Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10114 of 2021 Arising Out of PS. Case No.-443 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== AJAY KUMAR Son of Krishna Manjhi Resident of Village- Jamalpur Bigha Musahari, Police Station and District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Excise Case no. 293 of 2020 arising out of Sheikhpura P.S. Case no. 443 of 2020 registered under sections 30(a) and 30(f) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the first information report, on the raid being conducted 139 litres country liquor along with other utensils were recovered and two accused persons including the petitioner herein were arrested.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Referring to the seizure list it is submitted that the place of

Patna High Court CR. MISC. No.10114 of 2021(2) dt.17-03-2021 2/2 seizure of the alleged articles is near the "paine". The petitioner has no criminal antecedent and is in custody since 25.10.2020. Investigation in the case with respect to him has concluded. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody together with the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Excise Case no. 293 of 2020 arising out of Sheikhpura P.S. Case no. 443 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Sheikhpura.

(Partha Sarthy, J) Spd/- U T