Ajit Kumar @ Ajit Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54477 of 2022 Arising Out of PS. Case No.-586 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Ajit Kumar @ Ajit Kumar Gupta S/o Mahesh Sah R/o village- Taulaha, P.S.- Ramnagar, District- West Champarn ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 586 of 2022, lodged under Section 30(a) of Bihar Prohibition and Excise Act.

As per prosecution case, the present case is related to recovery of 102.94 liter wine.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He also submits that the said recovery was made from the tempo which was running by the petitioner and co-passengers were sitting. Learned counsel further submits that petitioner was completely

Patna High Court CR. MISC. No.54477 of 2022(2) dt.25-11-2022 2/2 unaware that probably the co-passenger has kept the carton but not informed that what was kept in carton. Learned counsel also submits that antecedent of the petitioner is clean and he is in custody since 19.07.2022 and charge-sheet has already been in this case.

Learned A.P.P. for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 586 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T