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Patna High CourtCR. MISC./71572/2023bail granted

Ajay Kumar v. The State Of Bihar

2023-11-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71572 of 2023 Arising Out of PS. Case No.-674 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== AJAY KUMAR Son of Late Baleshwar Ram R/o Mohalla - Loharwa Ghat Fazal Colony, P.S. - Alamganj, Dist. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Shekhar Sharma, Advocate For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Alamganj P.S. Case no.674 of 2023 registered under sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, it is stated that seeing the police personnel the petitioner threw the jute bag containing liquor and made an attempt to escape. 50 litres of mahua liquor was recovered from the jute bag.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He is in custody since 27.7.2023 and has no antecedent under the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.71572 of 2023(2) dt.07-11-2023 2/2

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner having remained in custody since 27.7.2023, chargesheet having been submitted in the case and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Alamganj P.S. Case no.674 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City, Patna.

(Partha Sarthy, J) Saurabh/- U T