Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64745 of 2023 Arising Out of PS. Case No.-301 Year-2021 Thana- BARUN District- Aurangabad ====================================================== Ajay Yadav S/O Naresh Yadav Village- Rakshani, Tengra, Ps- Barun, DistAurangabad (Bihar) ... ... Petitioner/s
Versus
The state of bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Leelawati Kumari, Adv.
For the Opposite Party/s :
Mr. Mritunjay Kr Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-10-2023 Heard Ms. Leelawati Kumari, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Barun P.S. Case No. 301 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. The police, on a secret information with regard to trade of illicit liquor, intercepted a motorcycle bearing Registration No. BR26F0798. However, noticing the police party, two persons, who were riding on the same, succeeded in fleeing away. In course of search, total 30 litres country-made liquor was recovered.
4. It is submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No.64745 of 2023(2) dt.17-10-2023 2/3 name of the petitioner has been implicated in this case in the capacity of he being the owner of the motorcycle in question. She submits that during the course of raid, one another motorcycle has also been recovered containing some illicit wine but the petitioner has no concern with such motorcycle. In fact the motorcycle of the petitioner was parked near the house of one Lalan Pandey but on account of ulterior reason, in course of raid, the name of the petitioner has been implicated in this case showing the recovery from the motorcycle, though the petitioner has no concern with the illicit wine. The seizure list witnesses are non-else but the police personnel, thus there is no compliance of Section 100 of the Cr. P.C., apart from other infirmities in the search and seizure. She lastly submits that the petitioner bears fair antecedent and undertakes that he will fully cooperate in the investigation or in the proceeding of the court.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the name of the petitioner has been implicated in this case only in the capacity of the owner of the motorcycle in question, apart from other infirmities in the search and seizure, coupled with the fair
Patna High Court CR. MISC. No.64745 of 2023(2) dt.17-10-2023 3/3 antecedent of the petitioner, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No. 1, Aurangabad in connection with Barun P.S. Case No. 301 of 2021, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T