Ajay Kumar Singh @ Guddu Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Ajay Kumar Singh @ Guddu Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted — petitioner to be released on furnishing bail bonds of Rs.500/- with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-I, Samastipur, in connection with Kalyanpur P.S. Case No.210/2022, upon arrest or surrender within six weeks, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Kalyanpur P.S. Case No.210/2022 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Court's answer

Anticipatory bail granted: considering the submissions of learned counsel for the petitioner, the petitioner, in the event of his arrest or surrender before the learned Court below within six weeks, is to be released on anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-I, Samastipur, in connection with Kalyanpur P.S. Case No.210/2022, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Patna High Court (Satyavrat Verma, J.), CR. MISC. No.4363 of 2024, order dated 13-02-2024: petitioner Ajay Kumar Singh @ Guddu, apprehending arrest in Kalyanpur P.S. Case No.210/2022 (District Samastipur) registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, was granted anticipatory bail. Allegation was recovery of 351 litres of liquor from a maize field of one Ram Sumit Mahto; petitioner claimed clean antecedents, denied ownership of the land and any connection with Ram Sumit Mahto, and contended he was implicated on disclosure by local persons whose names the F.I.R. does not disclose; learned A.P.P. for the State opposed. Bail directed on furnishing bonds of Rs.500/- (Rupees Five hundred) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-I, Samastipur, upon arrest or surrender within six weeks, subject to conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4363 of 2024

Arising Out of PS. Case No.-210 Year-2022 Thana- KALYANPUR District- Samastipur

======================================================

AJAY KUMAR SINGH @ GUDDU S/O SHRI PRASAD @ SRI PRASAD MAHTO R/O VILLAGE- AJNA, P.S- KALYANPUR, DISTT.SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mrs. Sharda Kumari ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 13-02-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No.210/2022, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

An allegation is of recovery of 351 litres of liquor from a maize field of one Ram Sumit Mahto. It is next submitted that the petitioner is neither the owner of the land from where the liquor was recovered nor he has any concern with Ram Sumit Mahto rather he came to be implicated based

Patna High Court CR. MISC. No.4363 of 2024(2) dt.13-02-2024 2/2

on disclosure made by local people but then the F.I.R. does not disclose the name of local persons who disclosed about the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five hundred) with two sureties of the like amount each to the satisfaction of the learned Special Excise Court-I, Samastipur in connection with Kalyanpur P.S. Case No.210/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

amit/-

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