Patna High CourtCR. MISC./83056/2024bail granted

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

2024-12-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83056 of 2024 Arising Out of PS. Case No.-378 Year-2021 Thana- NAWADA District- Nawada ====================================================== Ajit Kumar @ Ajit Yadav @ Rajeev Rai S/o Umesh Yadav R/o Village Gondapur, P.S. and District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nawada (Nagar) P.S Case No. 378 of 2021 dated 02.04.2021 registered for the offences punishable u/s 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the informant's brother died due to consumption of spurious liquor. The person namely Gopal Kumar is said to have purchased the illicit liquor from unknown persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.83056 of 2024(2) dt.04-12-2024 2/3 this case. The petitioner is not named in the F.I.R and his name has transpired in the confessional statement of the co-accused Arvind Yadav. The other accused person has already been granted regular bail by this Court vide order dated 05.09.2024 passed in Cr. Misc. No. 56704/2024. The petitioner has 20 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 18.01.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada (Nagar) P.S Case No. 378 of 2021, with the following conditions:-

1. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

2. If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.83056 of 2024(2) dt.04-12-2024 3/3 for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T