Ajay Rai @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71646 of 2024 Arising Out of PS. Case No.-578 Year-2024 Thana- Excise P.S. District- Gopalganj ====================================================== 1.
Ajay Rai @ Ajay Kumar S/o Parikshan Ray Resident of Village - Panapur, P.S. - Sadar, District - Vaishali at Hajipur 2.
Chhotu @ Chotu Kumar S/o Jawahir Paswan R/o vill - Asgaranpur, P.S. - Saray, Distt. - Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Gopalganj Excise P.S. Case No. 578 of 2024 dated 18.07.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 69.120 litres of illicit foreign liquor was recovered from the Car.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no concern with the
Patna High Court CR. MISC. No.71646 of 2024(2) dt.01-10-2024 2/2 alleged recovery. The said seized vehicle was being driven by the petitioner no. 1 and the petitioner no. 2 was co-driver at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 19.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioners and the period of custody, the petitioners abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in connection with Gopalganj Excise P.S. Case No. 578 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T