Ajay Prasad @ Nitish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26241 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -AMAS District- GAYA ======================================================

1. Ajay Prasad @ Nitish Son of Late Ramkewal Mahto resident of village - Shamsher Khap, P.S. Amas, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-272, 273 & 290 of the Indian Penal Code and under Sections-47(A), 47(F) of Excise Act and under Section2(v)/3/5/18 Bihar State Mahua Flower Act, 2006. The informant claims to have unearthed illegal Bhatti of country-made liquor and it is alleged that the aforesaid Bhatti was being run by the petitioner and one co-accused, Ravi Prasad. Admittedly, the petitioner was neither caught on the spot nor anything was recovered from his conscious possession. Moreover, having more or less similar allegation, one co-accused namely, Ravi Prasad has already been granted privilege of bail by

Patna High Court Cr.Misc. No.26241 of 2016 (2) dt.05-07-2016 2/2 learned court below itself.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Amas P.S. Case No. 120 of 2015 to the satisfaction of learned Sub Divisional Judicial Magistrate, Gaya at Sherghatti.

(Hemant Kumar Srivastava, J) A.K.V./- U T