Ajay Rai @ Ajay Kumar @ Virjodhan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62453 of 2022 Arising Out of PS. Case No.-151 Year-2021 Thana- RANIYATALAB District- Patna ====================================================== Ajay Rai @ Ajay Kumar @ Virjodhan Ray Son of Akindra Rai Resident of Village - Raksa, P.S.- Karja, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Ranitalab P.S. Case No. 151 of 2021 registered under Sections 467, 468, 420/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act, 2016.

8200 litres spirit has been recovered from the truck in question.

Learned counsel for the petitioner submits that petitioner has been named as one of the associates in the illegal trade being carried

Patna High Court CR. MISC. No.62453 of 2022(2) dt.06-01-2023 2/2 on. The petitioner has no concern with the truck or the contents thereupon. There is no recovery from the petitioner. There are two antecedents of the petitioner, as per disclosure made in paragraph 3. He is in custody since 06.08.2022.

Learned APP has opposed the prayer for bail.

Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submission advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 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 Special Excise Judge, Danapur, Patna in Ranitalab P.S. Case No. 151 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T