Patna High CourtCR. MISC./63339/2024bail granted

Ajit Kumar @ Ajit Yadav @ Rajeev Rai v. The State Of Bihar

2024-10-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63339 of 2024 Arising Out of PS. Case No.-374 Year-2021 Thana- NAWADA District- Nawada ====================================================== Ajit Kumar @ Ajit Yadav @ Rajeev Rai Son of Umesh Yadav R/o Village Gondapur, P.S. Nawada Town, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Nawada (Town) P.S. Case No. 374 of 2021 registered for the offence under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the informant's father died after consuming spurious liquor which was purchased from unknown miscreants including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is not named in the FIR. He further submits that the petitioner is in custody since 22.12.2022. He next submits that similarly

Patna High Court CR. MISC. No.63339 of 2024(2) dt.18-10-2024 2/2 situated co-accused persons have already been granted bail by co-ordinate Benches of this Court passed in Cr. Misc. No. 14053 of 2024 vide order dated 28.02.2024, Cr. Misc. No. 53398 of 2023 vide order dated 25.08.2023 and Cr. Misc. No. 5558 of 2024 vide order dated 09.02.2024 respectively.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge - Ist, Nawada in connection with Nawada (Town) P.S. Case No. 374 of 2021 with condition that the petitioner is directed to remain physically present on each and every date before the trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) saurabhkr/- U T