Ajay Kumar Singh @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32878 of 2018 Arising Out of PS. Case No.-158 Year-2017 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Ajay Kumar Singh @ Karu , son of Late Mritunjay Singh, R/o villageAnjan, P.S.- Madanpur, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Sri Birendra Kumar Singh, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, has approached this court for grant of anticipatory bail in connection with Magadh Medical College P.S. Case No. 158 of 2017, registered for the offence under Sections 30(a) / 38(1) (2)/ 41 (1) of the Bihar Prohibition and Excise Act, 2016, purely on the ground of parity.

By way of referring to Annexure '2' to the petition , which is web copy of the order dated: 12.12.2017 passed in Cr. Misc. No. 57815 of 2017, it has been argued that the accused from whose premises huge quantity of Indian make foreign

Patna High Court Cr.Misc. No.32878 of 2018(2) dt.13-06-2018 2/2 liquor was recovered has already been extended the privilege of anticipatory bail. Accordingly, petitioner is also entitled to the same relief.

Learned Additional Public Prosecutor though has opposed the prayer for grant of anticipatory bail to the petitioner he was not in a position to dispute the fact that co-accused Rajendra Paswan, from whose premises recovery was affected, has already been granted bail. Accordingly, there is no reason to pass a different order in the case of the petitioner . Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner - Ajay Kumar Singh @ Karu be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge ( Excise) Gaya / concerned court in connection with Magadh Medical College P.S. Case No. 158 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T