Ajit Kumar @ Ajit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70591 of 2019 Arising Out of PS. Case No.-296 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Ajit Kumar @ Ajit Kumar Rai Son of Ishwer Ray Resident of Village - Sheriya, P.s.- Sidhwaliya, Distt.- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh For the Opposite Party/s :

Mrs.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

36 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the motorcycle in question. As a matter of fact, he was waiting for bus at the place of occurrence in the

Patna High Court CR. MISC. No.70591 of 2019(2) dt.04-12-2019 2/2 meantime some miscreant left the aforesaid liquor with the motorcycle there and made good his escape seeing the police party. He has been falsely implicated in this case merely on suspicion. He has no criminal antecedent and has been languishing in custody since 20.08.2019.

Learned APP for the State opposed the bail petition.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge Excise, Gopalganj in connection with Barauli P.S. Case No. 296 of 2019, GR No.960 of 2019.

(Prakash Chandra Jaiswal, J) Trivedi/- U T