Ajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78117 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- DARIHAT District- Rohtas ====================================================== Ajit Kumar Singh S/O Late Brambha Singh R/O Village Yadava , P.S -Akorhigola , Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Darihat PS case no. 21 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3.

The prosecution story, as per the First Information report, is that on 29.02.2024 at about 12.20 pm, during course of patrolling, informant saw a triple loaded motorcycle coming from Darihat market and it was directed to be stopped but all the three riders fled away after leaving the motorcycle. Upon search, 15 liters of countrymade liquor was

Patna High Court CR. MISC. No.78117 of 2024(2) dt.02-12-2024 2/3 recovered from the said motorcycle, the same was seized and seizure list was prepared.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case in order to malign his social prestige. He further submits that from the sale letter, annexed as Annexure-P/2 of this petition, it is apparent that the petitioner has already sold his motorcycle to one Manoj Ram on 04.07.2020. The petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and has been made accused on the basis of his being the owner of the motorcycle, which prima facie appears to have been sold, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Darihat PS case

Patna High Court CR. MISC. No.78117 of 2024(2) dt.02-12-2024 3/3 no. 21 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T