Patna High CourtCR. MISC./76238/2024bail granted

Ajit Kumar v. The State Of Bihar

2024-10-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76238 of 2024 Arising Out of PS. Case No.-903 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Ajit Kumar S/O Dabloo Prasad @ Dabalu Prasad Ro Village- Adarsh Nigar, Kokar Chowk, P.S- Nranchi, District- Ranchi Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Excise Case No. 903 of 2024, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, during checking of vehicles, car of the petitioner was intercepted and the petitioner was apprehended. From the search of the car, 252 litres of foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner who is

Patna High Court CR. MISC. No.76238 of 2024(2) dt.23-10-2024 2/3 a driver and works on daily wages. The said car was handed over by the owner to the petitioner and the contraband was already loaded on it. The petitioner is in custody since 06.09.2024 and is having clean antecedent.

5. Learned A.P.P. for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner coupled with his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.-3, Gaya/concerned court in connection with Excise P.S. Case No. 903 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.76238 of 2024(2) dt.23-10-2024 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T