Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1075 of 2022 Arising Out of PS. Case No.-350 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== AJIT KUMAR Son of Kuwarpal Singh Resident of Village - House No. B-13, Gali No.8/2, Panchal Vihar, Sahadra, P.S.- Karawal Nagar, North East Delhi110094 ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the stamp reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Naugachia P.S. Case No. 350 of 2021, registered for the offences punishable under Section 30 (A) (ii) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner has submitted that the FIR shows itself that the petitioner is the driver of the truck where from illicit liquor was recovered. It has been mentioned in the written report that the petitioner apprised the police party that one Nirbhay Dev Nath has provided the consignment to him for delivery, except that the petitioner expressed his ignorance about the

Patna High Court CR. MISC. No.1075 of 2022(2) dt.01-06-2022 2/2 consignment before the police. Learned counsel has submitted further that the petitioner is a person of clean antecedents and he is under custody since 27.09.2021.

Considering the clean antecedents as well as the period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd A.D.J.-cum-Special Judge Excise, Bhagalpur in connection with Naugachia P.S. Case No. 350 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T