Ajit Kumar @ Ajit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63332 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Ajit Kumar @ Ajit Sahani, Son of Dewan Sahani, Resident of VillageSonepur Sawai, P.S.-Sonepur, District- Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 353, 307 and 34 of the Indian Penal Code and Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the allegation, the police party acting upon a secret information reached at Gandak Bridge and saw 3-4 persons unloading something from a boat and loading it onto a vehicle. On seeing the police party, the accused persons tried to flee away and started firing upon the police personnel. It is further alleged that one injured person (petitioner) was apprehended. It is further alleged that 527.040 litres wine, one country made katta and two live cartridges were recovered.

Patna High Court CR. MISC. No.63332 of 2023(2) dt.10-10-2023 2/2

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2023 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. It is alleged that one country made katta and two live cartridges are said to have been recovered. It is further submitted that 527.040 litres of wine is recovered from the car and boat. The car and boat do not belong to the petitioner. There is no compliance of Section 100 of Cr.P.C.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, 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 the Court below/concerned Court in connection with Jadopur P.S. Case No. 177 of 2023.

(Sudhir Singh, J) annu/- U T