Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86586 of 2023 Arising Out of PS. Case No.-273 Year-2021 Thana- Excise P.S. District- Samastipur ====================================================== AJAY KUMAR S/O JAGDISH PRASAD SINGH R/O VILL-SURAJPUR, WARD NO-4, PATAILI, PS-UJIYARPUR, DIST-SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Shanker Singh, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2024 Heard Mr. Abhay Shanker Singh, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Excise Case No. 273/2021 registered on 04.10.2021 for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Six litres of illicit liquor has been recovered from the verandah of petitioner's thatched house.
4. Learned counsel for the petitioners submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of recovery of illicit liquor from his verandah. He further submits that the verandah is an open space which is accessible to others
Patna High Court CR. MISC. No.86586 of 2023(2) dt.31-01-2024 2/2 also.
5. Having regard to the submissions made by the parties, taking into consideration the fact that the illicit liquor has been recovered from the verandah which is an open space and it may be accessible to others also, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, petitioner, named above, shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-1, Samastipur in connection with Excise Case No. 273/2021, subject to the conditions as laid down under Section 438(2) CrPC. (Anil Kumar Sinha, J) perwez U T