Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33 of 2022 Arising Out of PS. Case No.-645 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== AJAY KUMAR, Son of Raj Kumar Ram, Resident of Village - Meena Bazar, Domkhana, P.S.- Alamganj, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-06-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Special Case No. 6077 of 2021 arising out of Alamganj P.S. Case No. 645 of 2021 registered for the offences punishable under Sections 30(a), 37(c), 38(2) and 41(1) of Bihar Prohibition and Excise (Amendment) Act, 2018. He is in custody since 26.09.2021. The petitioner has got one criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, while the informant was on patrolling

Patna High Court CR. MISC. No.33 of 2022(2) dt.16-06-2022 2/3 duty got information regarding illicit liquor at Meena Bazar, Domkhana. The informant reached at the given place and recovered 1089 litres Mahua liquor and arrested Ajay Kumar (petitioner) and Akash Kumar.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that nothing has been recovered from his conscious possession and only he has been found in drunken condition.

Mr. Akhileshwar Dayal, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that he has remained in custody in connection with this case since 26.09.2021, investigation against him is complete and his presence may be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 6077 of 2021 arising out of Alamganj P.S. Case No. 645 of 2021, subject to the condition as laid down under Section 437

Patna High Court CR. MISC. No.33 of 2022(2) dt.16-06-2022 3/3

(3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.