Ajay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68725 of 2021 Arising Out of PS. Case No.-186 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== AJAY DAS Son of Sukha Das Resident of village - Garha, Police Station - Runisaidpur, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-06-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Runisaidpur P.S. Case No. 186 of 2021 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise act, 2016. The case of the prosecution in brief is that the informant, who is a police officer, received information on 20.03.2021 that a big consignment of illicit wine has been stored in the house of the petitioner herein whereupon the police force had raided the house in question and upon search 433.860 litres of english wine was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 16.09.2021. The learned counsel for the petitioner has further submitted that

Patna High Court CR. MISC. No.68725 of 2021(2) dt.08-06-2022 2/2 though the petitioner is accused in one other case but he is on bail in the said case. The learned counsel for the petitioner has also submitted that the petitioner was not arrested from the spot and moreover there is no compliance of Section 100 Cr.P.C. while preparing the seizure.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is languishing in custody since about nine months, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Runisaidpur P.S. Case No. 186 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T