Ajahar @ Ajhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62230 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Ajahar @ Ajhar Son Of Md. Mansur Rahman Resident Of Village- Mahant Bari Ward No 16 Ps -KASBA Po -KASBA, Distt- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 503.280 liters of IMFL/country made liquor from the Pick-Up vehicle and driver of the said vehicle namely, Saddam apprehend on spot with another co-accused namely Md. Ibrar. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case being the owner of the vehicle in question. He has no concern with the

Patna High Court CR. MISC. No.62230 of 2023(2) dt.15-09-2023 2/2 alleged recovery of liquor. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The other co-accused have already been enlarged on bail by another coordinate Bench of this Court vide order dated 31.07.2023 passed in Cr. Misc. No.44497 of 2023 which is annexed as Annexure-2 of this petition. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 08.07.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, Exclusive Special Excise Court No.2, Katihar in connection with Katihar Town P.S. Case No. 257 of 2023.

(Sunil Kumar Panwar, J) lata/- U T