Patna High CourtCR. MISC./83694/2024allowed

Ajit Kumar v. The State Of Bihar

2024-12-11Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83694 of 2024 Arising Out of PS. Case No.-179 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== AJIT KUMAR S/O INDRADEV YADAV R/O VILLAGE- TELHATA DHAMANI, P.S- KAUWAKOL, DISTRICT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Pakribarawan Nawada Excise P.S. Case No. 179 of 2024 dated 28.09.2024, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 27 litres foreign liquor and 36 litres beer from the bank of river Telhata.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered either from conscious possession of the petitioner or from his house rather the said illicit liquor has been recovered from open place which does not belong to the petitioner. It is submitted that only on the

Patna High Court CR. MISC. No.83694 of 2024(2) dt.11-12-2024 2/2 basis of secret information, the name of the petitioner has come. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Pakribarawan Nawada Excise P.S. Case No. 179 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Judge Excise, Court No. II, Nawada, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T