Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75543 of 2023 Arising Out of PS. Case No.-415 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Ajit Kumar S/O- Vishwanath Yadav Village- Kharakpur Bishanpur P.S.- Sonbarsa Kachari District - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Jagdishpur (Goradih) P.S. Case No. 415 of 2023 registered for the offence under Sections 30(a), 32(i)(ii), 41 of Bihar Prohibition and Excise Amendment Act, 2018 and under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. It is a case of recovery of 252.720 Liters of illicit liquor and one U.S.A. made pistol loaded with three live cartridge. From perusal of the case diary from para 52 it appears that after the inquiry country made pistol was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.75543 of 2023(4) dt.12-02-2024 2/2 present case. He further submits that the petitioner is in custody since 07.09.2023.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. Considering the aforesaid facts and circumstances, the period of custody of the petitioner and as the charge has already been framed, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge - 1, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No. 415 of 2023. As stated charge has been framed.
(Ramesh Chand Malviya, J) saurabhkr/- U T