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Patna High CourtCR. MISC./78955/2024allowed

Ajay Kumar @ Ajay Kumar Singh v. The State Of Bihar

2024-12-02Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78955 of 2024 Arising Out of PS. Case No.-248 Year-2024 Thana- SURYAPURA District- Rohtas ====================================================== Ajay Kumar @ Ajay Kumar Singh, S/O Kanhaiya Singh, R/O Village - Kawai, P.S -Suryapura, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and Mr. Md. Anzarul Haque Sahara, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Surapura P.S. Case No. 248 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The case of the prosecution is that on secret informant, raid was made. Two persons started fleeing, one was apprehended and from his possessions, 10 liters of country made liquor was recovered. The name of this petitioner was disclosed by the apprehended accused.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.78955 of 2024(2) dt.02-12-2024 2/2 committed no offence. He has falsely been implicated in this case. He has no concern with the alleged liquor. Nothing has been recovered from his possession. He is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Suryapura P.S. Case No.248 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court No.2-cumAdditional District and Sessions Judge, Rohtas at Sasaram, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T