Ajay Kumar @ Ajay Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75535 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- ANGARGHAT District- Samastipur ====================================================== AJAY KUMAR @ AJAY KUMAR RAY, aged about 22 years, Gender, Male, Son of Ram Sundar Ray, Resident of Village - Bimamatula, Supaul, Ward No. 1, P.S. - Angarghat, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
Informant is a police officer who in his written complaint has alleged that on 10.10.2019 at 2.05p.m., he received a confidential information that in the residence of Ajay Kumar, large quantity of illicit liquor has come and, thereafter, along with other police personnel, when he raided his house, he tried to flee away but was apprehended and disclosed his name as Ajay Kumar and upon search in front of his house, 264 litres of foreign liquor was recovered from his bathan.
Patna High Court CR. MISC. No.75535 of 2019(2) dt.26-11-2019 2/3 It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case and recovery is from outside the house of the petitioner. Petitioner has no criminal antecedent and he is in custody since 11.10.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Angarghat P.S. Case No.94 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in
Patna High Court CR. MISC. No.75535 of 2019(2) dt.26-11-2019 3/3 similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.
(S. Kumar, J) Sanjay/- U T