Patna High CourtCR. MISC./83282/2024bail granted

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

2024-12-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83282 of 2024 Arising Out of PS. Case No.-680 Year-2021 Thana- NAWADA District- Nawada ====================================================== Ajit Kumar @ Ajit Yadav @ Rajiv Rai S/O Umesh Yadav R/o Village Gondapur, P.S. and District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nawada P.S. Case No. 680 of 2021, instituted for the offences punishable under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, a U.D. case was registered and during investigation, it was found that father of the informant died due to consumption of adulterated wine and later on F.I.R. has been registered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.83282 of 2024(2) dt.04-12-2024 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused Arvind Yadav and the same has got no evidentiary value. The petitioner is in custody since 19.01.2023 and has got twenty criminal antecedents in which he is on bail in five cases. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted regular bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 12267 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada P.S. Case No. 680 of 2021, subject to the following conditions:

Patna High Court CR. MISC. No.83282 of 2024(2) dt.04-12-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T