Md.Ajim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60015 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- SONEPUR District- Saran ====================================================== MD. AJIM Son of Chammu Ali @ Md. Chammu Resident of VillageGardanibagh, P.S.- Gardanibagh, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh, Adv.
For the Opposite Party/s :
Ms. Anita Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-11-2022 Heard Mr. Binay Kumar Singh, learned advocate for the petitioner and Ms. Anita Singh, the learned APP for the State.
The petitioner seeks bail in connection with Sonepur P.S. Case No. 159 of 2022, dated 03.03.2022, registered for the offences under Sections 341, 323, 307, 353, 414, 427, 324, 325 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.
The allegation against the petitioner is that he was travelling with four accused persons and the police party on finding that they were proceeding towards Patna from Sonepur, tried to intercept the vehicle. This was done for the
Patna High Court CR. MISC. No.60015 of 2022(2) dt.24-11-2022 2/3 perception of the police party that the vehicle was being occupied by veteran criminals. It so happened that while chasing, the vehicle of the police dashed with the vehicle in which the petitioner and four others were travelling. This led to the injuries on the person of the two of the members of the police party. On interception and search of the vehicle, fifty litres of liquor was found. The petitioner and another were arrested, who disclosed the names of the other accused persons.
Mr. Singh, the learned counsel for the petitioner, has submitted that the accusation is absolutely false. The petitioner is a person of clean antecedent. There is no recovery of either fire-arms from him or from any one of the inmates of the vehicle. It has further been submitted that so far as the recovery of liquor is concerned, the responsibility cannot exclusively be saddled upon him as he was only a copassenger. The learned counsel for the petitioner has further submitted that the accusation has been leveled only for the purposes of justifying the act of arrest.
Patna High Court CR. MISC. No.60015 of 2022(2) dt.24-11-2022 3/3 The petitioner is said to be in custody since 05.03.2022.
Considering the aforenoted facts, viz., the period of custody, the petitioner being a person of clean antecedent and there being no specific accusation against him, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Judge Excise, Saran at Chapra in connection with Sonepur P.S. Case No. 159 of 2022. (Ashutosh Kumar, J) rishi/- U T