Rajendra Rajak @ Rajendra Rajat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10974 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== Rajendra Rajak @ Rajendra Rajat, S/o Beldar Baitha, R/o VillageKashipakari, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Ms.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-07-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Rajepur P.S. Case No.119 of 2020 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 1477 litres and 80 Ml. of English wine has been recovered from a School campus. The petitioner and two others

Patna High Court CR. MISC. No.10974 of 2021(2) dt.06-07-2021 2/3 have allegedly been apprehended at the place of recovery. Petitioner's counsel submit that the petitioner has no concern with the substance as it was found in the school having access to all, for which the responsibility cannot be fastened on the petitioner. Having no criminal antecedents, he is in custody since 24.09.2020. Other similarly situated co-accused Shivshankar Prasad and Yogendra Thakur have been allowed bail in Cr.Misc. No.6107 of 2021 and Cr.Misc. No.1526 of 2021 respectively.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, East Champaran, Motihari, in connection with Rajepur P.S. Case No.119 of 2020, 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.

Patna High Court CR. MISC. No.10974 of 2021(2) dt.06-07-2021 3/3 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 and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T