Ajeet Kumar @ Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57841 of 2023 Arising Out of PS. Case No.-508 Year-2023 Thana- MALSALAMI District- Patna ====================================================== 1.
AJEET KUMAR @ AJIT KUMAR S/O- LATE HARI RAI R/OMOHALLA- KILA ROAD, P.S.- CHOWK, DIST.- PATNA. 2.
VIKASH KUMAR S/O- LATE NIRANJAN RAI R/O- MOHALLA ADARA GHAT, P.S.- MALSALAMI, DIST.- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-09-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners seek bail, who are in custody since 23.07.2023, in connection with Malsalami P.S. Case No. 508 of 2023, F.I.R. dated 22.07.2023 registered for the offences punishable under Sections 30(a), 36 of the Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 60 litres of illicit liquor.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.57841 of 2023(2) dt.06-09-2023 2/3 recovery has been made from the motorcycle in question and the petitioners are not the owner of the motorcycle in question. He further submits that they have no concern at all with the alleged recovery of illicit liquor and the petitioners are in custody since 23.07.2023.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case, nothing has been recovered from the possession of the petitioners and the petitioners having clean antecedents, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge Excise, Patna City, Patna in connection with Malsalami P.S. Case No. 508 of 2023, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.57841 of 2023(2) dt.06-09-2023 3/3 for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) Ibrar//- U T