Patna High CourtCR. MISC./68855/2024bail granted

Ajit Kumar @ Himanshu Yadav @ Ajit Yadav v. The State Of Bihar

2024-09-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68855 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Ajit Kumar @ Himanshu Yadav @ Ajit Yadav Son of Sudhir Yadav VillageMehan, Ps- Dandari, Dist- Begusarai, At P/A- Bishunpur, Bichala Tola, PsVishunpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Balia P.S. Case No. 79 of 2024, registered under Sections 30(a), 32 and 41(i)(ii) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 1352.160 liters liquor was recovered from three vehicles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is not the owner of any of the vehicles in question. The petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of

Patna High Court CR. MISC. No.68855 of 2024(2) dt.20-09-2024 2/2 confessional statement of co-accused Ranjeet Prasad and the same has got no evidentiary value. The petitioner has got one criminal antecedent in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted anticipatory bail by this Court vide order dated 17.05.2024 passed in Cr. Misc. No. 37668 of 2024 and order dated 02.08.2024 passed in Cr. Misc. No. 54280 of 2024. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Balia P.S. Case No. 79 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Rajorshi/- U T