Ajay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85025 of 2019 Arising Out of PS. Case No.-300 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Ajay Sah Son of Late Debu Sah @ Devnarayan Sah Resident of Mohalla - Neempokhar Kaidrabad, P.S.- University, Distt - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-01-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner, who is in custody, seeks bail in Lalit Narayan Mithila University PS Case No. 300 of 2019 registered under Sections 272 and 273/34 of the IPC and 30(a) of Bihar Prohibition and Excise Act, 2016.

28.5 Litres of Nepali liquor is alleged to have been recovered from the gunny bags. It is the case of the prosecution that upon making enquiry in respect of the recovery the fact has been revealed that the petitioner was one of those who fled away from the place where the liquor was recovered from the gunny bags.

It is submitted by petitioner's Counsel that merely on suspicion he has been arrested from his house on 15.10.2019. The petitioner has no connection with the alleged liquor which was seized. Petitioner is already on bail in L.N.Mithila University PS Case No. 217 of 2017.

Patna High Court CR. MISC. No.85025 of 2019(2) dt.07-01-2020 2/2 Considering the aforesaid submissions the prayer for bail of the petitioner is allowed.

Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise Act, Darbhanga in Lalit Narayan Mithila University PS Case No. 300 of 2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T