Dadan Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5516 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== Dadan Rawani aged about 38 years, male, s/o Dhamaka Rawani Resident of Village-Karup, P.S.-Karakat, District -Rohtas ... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Karakat P.S. Case No. 165 of 2018 registered for the offence punishable under Section 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 1080 litres of foreign liquor from the Raghunathpur Bal Community Bhawan. Allegation against the petitioner is of trying to flee away after seeing the police.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this

Patna High Court Cr.Misc. No.5516 of 2019(3) dt.18-02-2019 2/3 case. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 08.10.2018. Considering the fact that petitioner is accused in three more cases of similar nature, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. However, it is observed that petitioner named above be released on bail after completing six months of jail custody upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Rohtas at Sasaram, in connection with Karakat P.S. Case No. 165 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Patna High Court Cr.Misc. No.5516 of 2019(3) dt.18-02-2019 3/3 (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U