Dinesh Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4468 of 2022 Arising Out of PS. Case No.-446 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== DINESH RAJBANSHI Son of Pyari Rajbanshi Resident of Village - Gagan Bujurg, P.s.- Rajauli, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Rajauli P.S. Case No. 446/2020 registered for the offences punishable under Section 30 (a) Bihar Prohibition & Excise Act, 2016. As per F.I.R. on the secret information it is also evident that in Bhati No.3, 10 litres country made Mahua wine and 150 litre Jawa Mahua have been recovered from the petitioner.

The learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to police mechanism and

Patna High Court CR. MISC. No.4468 of 2022(2) dt.21-06-2022 2/3 village politics.

From perusal of the First Information Report, it is evident that total 70 litres country made Mahua wine has been recovered from the different six Bhathi in different places. Seizure list has not been made as per law and nothing has been recovered from conscious possession of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 30.06.2021 petitioner bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions JudgeIInd-Cum-Special Judge, Nawada in connection with Rajauli P.S. Case No. 446/2020, subject to following conditions:- (i) One of the bailor shall be either father or mother or

Patna High Court CR. MISC. No.4468 of 2022(2) dt.21-06-2022 3/3 sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

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

(Alok Kumar Pandey, J) kamlesh/- U T