Ajay Gupta @ Ajay Prasad Gupta v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr.Mithilesh Kumar Singh, Advocate Mrs. Veena Kumari Jaiswal, APP ORAL ORDER 2 02-12-2022 This petition has been taken up for out of turn hearing on a mentioning slip being moved on behalf of the petitioner that own brother of the petitioner has died on

28.11.2022 and no one in the family is available to perform the rituals. Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. In the present case, the petitioner seeks bail in connection with Darihat P.S. Case No. 187 of 2022 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition and Excise Act. As per prosecution case, the petitioner and the co- accused were apprehended when their motorcycle was intercepted by the police and the petitioner and the co-accused Patna High Court CR. MISC. No.63031 of 2022(2) dt.02-12-2022 were found carrying 10 liters of illicit Mahua liquor in a bag. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from his conscious possession. The petitioner has no concern with the recovered liquor. The charge sheet has been submitted in this case. The petitioner is in custody since 14.08.2022. Learned A.P.P. opposes the prayer for bail made on behalf of the petitioner submitting that the petitioner is a habitual offender. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No.1, Rohtas at Sasaram, in connection with Darihat P.S. Case No. 187 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner. Patna High Court CR. MISC. No.63031 of 2022(2) dt.02-12-2022 (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) V.K.Pandey/- U T