Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55030 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== Ajay Kumar, S/o Deep Narayan Mahto @ Dipnarayan Mahto, R/o VillageSiropatti, P.S.- Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offence punishable under Section 273 of the Indian Penal Code and Sections 30 (a), 38 and 41 of Bihar Excise Amendment Act. It is contended that, as per allegation, 877.680 liters of foreign liquor was recovered from a Bolero Pick Up Van. It is contended that nothing has been recovered from the conscious possession of the petitioner and he has no concerned at all with the aforesaid recovered liquor. It is urged that the petitioner is in custody since 28.07.2018. It is claimed that his antecedent is clean.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail

Patna High Court Cr.Misc. No.55030 of 2018(2) dt.06-10-2018 2/2 on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 6th Additional Sessions Judge-cum-Special Judge, Excise Samastipur with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application, i.e., 16.08.2018 then he would not be released. (Dr. Ravi Ranjan, J) V.K.Pandey/- U T