Ajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80128 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Ajit Kumar Singh Son of Hirdya Nand Singh Resident of Mohalla- Basa Bihari Apartment, Rajbanshi Nagar, P.S- Shastrinagar, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and Md. Matloob Rab, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shashtrinagar P.S. Case no. 167 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The case of the prosecution is that altogether 227 bottles of foreign liquor was recovered from a car.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not the owner of the car. The guard of the apartment told that this car belongs to this petitioner. From

Patna High Court CR. MISC. No.80128 of 2024(2) dt.05-12-2024 2/2 perusal of the order of the trial court it is clear that during investigation it is found that the said vehicle was registered in the name of Manoj Kumar Arora. Nothing has been recovered from the possession of this petitioner. A statement has been made in para-3 of this petition that the petitioner has got 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 Shashtrinagar P.S. Case no. 167 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 Special Excise Judge2nd, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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