Patna High CourtCR. MISC./86187/2024allowed

Ajay Yadav @ Ajay Kumar Singh @ Anjay Yadav @ Anjay Kumar Singh v. The State Of Bihar

2025-01-10Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86187 of 2024 Arising Out of PS. Case No.-437 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ajay Yadav @ Ajay Kumar Singh @ Anjay Yadav @ Anjay Kumar Singh S/O Akhilesh Yadav @ Akhilesh Singh R/O Vill- Asni, P.S-Udawantnagar,DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Udawantnagar P.S. Case No. 437 of 2024 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on the basis of secret information, the police reached at the spot and on search 314 litres illicit liquor were recovered from the cow shed. The allegation against the petitioner is that he fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The alleged place of recovery is an open space from all

Patna High Court CR. MISC. No.86187 of 2024(3) dt.10-01-2025 2/2 sides which is accessible to all. The petitioner was not present at the spot. There is no recovery from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he is in custody since 05.11.2024. He undertakes to cooperate in the trial.

5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge Excise Court No. II, Bhojpur at Ara/ concerned Court in connection with Udawantnagar P.S. Case No. 437 of 2024.

(Sunil Dutta Mishra, J) Siwani/- U T