Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6723 of 2023 Arising Out of PS. Case No.-719 Year-2022 Thana- MAHUA District- Vaishali ====================================================== AJAY KUMAR S/O Ram Dular Yadav @ Ram Dular R/O Village- Dubauli Khurd, P.S- Badalapur, District- Jaunpur, Uttarpradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 419, 420, 467, 468, 471 and 34 of the IPC and Sections 30(a), 32(i)(ii), 36/37(c)/41(i) of the Bihar Prohibition and Excise Act and Section 25(1-b)a/26/35 of the Arms Act.

As per prosecution case, there has been recovery of 2543.31 liters of illegal country-made foreign liquor from a truck, which was being driven by the petitioner.

Patna High Court CR. MISC. No.6723 of 2023(2) dt.02-05-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.11.2022. The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 80,000/- (Eighty thousand) in the account of concerned DLSA. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Sessions Judge, Hajipur, Vaishali/ concerned Court in connection with Mahua P.S. Case No. 719 of 2022. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of

Patna High Court CR. MISC. No.6723 of 2023(2) dt.02-05-2023 3/3 deposit of Rs. 80,000/- (Eighty thousand) by the petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) arish/- U T