Ajay Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60309 of 2019 Arising Out of PS. Case No.-265 Year-2018 Thana- SARAI District- Vaishali ====================================================== AJAY KUMAR @ RAJA S/o Dilip Singh R/o village- Shisauni Parbodhi, P.S.- Sarai, Distt.- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Kumar, Advocate For the Opposite Party :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sarai P.S. Case No. 265 of 2018 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

211.680 liters of foreign liquor is said to have been recovered from the 'Bathan' of the instant petitioner. One Sunil Kumar Singh was caught fleeing away from the place of occurrence. The petitioner was not present there as per submissions of the learned counsel for the petitioner. The co-accused, namely, Sunil

Patna High Court CR. MISC. No.60309 of 2019(3) dt.16-11-2019 2/3 Kumar Singh, who was caught fleeing away from the place of recovery, has been allowed bail by Coordinate Bench of this Court in Cr. Misc. No. 14728 of 2019.

Claiming parity with the co-accused, namely, Sunil Kumar Singh, petitioner's counsel has prayed for grant of bail. It is further pointed out that in the other two cases, which are pending against the petitioner, as per averments made in paragraph No.3 of the bail petition, he is already on bail.

The petitioner is in custody since 07.06.2019.

Learned APP for the State opposed the prayer for bail.

Having considered the rival submissions of the parties, prayer for bail is allowed. Let the petitioner, above named, 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 the Additional Sessions Judge-II -cum-Excise Court , Vaishali at Hajipur, in

Patna High Court CR. MISC. No.60309 of 2019(3) dt.16-11-2019 3/3 connection with Sarai P.S. Case No. 265 of 2018, 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) shyambihari/- U T