Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78836 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== AJAY SINGH Son of Late Lalan Singh Resident of Village - Bahuri, P.S.- Durgawati, District- Kaimur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pathak For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-03-2020 Heard the learned counsel for the petitioner and the State.

The petitioner, who is in custody since 31.10.2019, seeks bail in connection with Bhabua P. S. Case No. 387 of 2019 (District - Kaimur) dated 06.07.2019, corresponding to Excise Case No. 465 of 2019 instituted for the offence under Sections 420, 419, 414, 467, 468, 469 and 34 of the Indian Penal Code and Sections 30(A) and 32(1)(2) of the Bihar Prohibition and Excise Act, 2016.

It appears from the F.I.R. that on secret information that huge quantity of liquor has been stored

Patna High Court CR. MISC. No.78836 of 2019(3) dt.17-03-2020 2/3 in the rice mill of one Akhilesh Chaubey which has been given on lease to the petitioner, a raid was conducted in the premises of the rice mill.

One Sudhir Kumar is said to have been arrested in course of raid who disclosed that the petitioner has taken the aforesaid rice mill on lease.

The learned counsel for the petitioner has drawn the attention of this Court to the fact that if it was earlier known to the prosecution / police party conducting the raid that the rice mill has been taken on lease by the petitioner, that ought to have been shown in the seizure list. The seizure list discloses the place of seizure as the rice mill of Akhilesh Chaubey. The petitioner has made a categorical statement that he has never taken the rice mill of Akhilesh Chaubey on lease.

Though the petitioner has been made accused in several cases, the details of which have been stated in paragraph 3 of the application, but the learned counsel

Patna High Court CR. MISC. No.78836 of 2019(3) dt.17-03-2020 3/3 for the petitioner has informed this Court that he is on bail in all such cases.

The learned counsel for the petitioner submits that only because of his criminal antecedents, he has been implicated in this case.

Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 3rd-cum-Special Judge (Excise Act), Kaimur at Bhabhua in connection with Bhabua P. S. Case No. 387 of 2019 (District - Kaimur) dated 06.07.2019, corresponding to Excise Case No. 465 of 2019.

(Ashutosh Kumar, J) skm/- U