Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83614 of 2024 Arising Out of PS. Case No.-318 Year-2024 Thana- AMNAUR District- Saran ====================================================== 1.

Ajit Kumar S/O Shubh Narayan Rai Resident of Nandan Kaituka, P.S.- Maker, Dist.- Saran.

2.

Krishnadeo Rai @ Keshav @ Keshaw S/O Shubh Narayan Rai Resident of Nandan Kaituka, P.S.-Maker, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2025 Heard Mr. Rajesh Ranjan Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Section 30(a), 33, 34 and 47 of the Bihar Prohibition and Excise Act, 2016.

3. Altogether 1365 liters of hooch is said to have been recovered from two vehicles.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. No incriminating article has been recovered from their conscious physical possession. They have no concern with the seized

Patna High Court CR. MISC. No.83614 of 2024(5) dt.04-02-2025 2/3 liquor. They have been falsely implicated in this case by the police as some altercation took place with them due to non coughing up of illegal graft demanded by them. Petitioners have been languishing in custody since 24.09.2024.

5. Petitioner No.1 is agreed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand) and petitioner no.2 is agreed to deposit a sum of Rs.5000/- (Rupees Five Thousand) in the account of Lawyers' Association Welfare Benevolent Fund, bearing Account No.: 7801893276, IFSC Code : IDIB000L501, Bank Name: Indian Bank, Branch-LNMI, Bailey Road, Patna.

6. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Amnaur P.S. Case of 318 of 2024, subject to the following conditions:

(i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. He will also undertake to inform the Court if there is any change in the address of the

Patna High Court CR. MISC. No.83614 of 2024(5) dt.04-02-2025 3/3 petitioners.

(ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

7. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount by the petitioners in the account of Lawyers' Association Welfare Benevolent Fund.

(Anjani Kumar Sharan, J) Trivedi/- U