Rajesh Kumar Rai @ Rajesh Kumar Ray @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3400 of 2019 Arising Out of PS. Case No.-705 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Rajesh Kumar Rai @ Rajesh Kumar Ray @ Rajesh Kumar (Male) aged about 32 years, son of Baleshwar Rai @ Baleshwar Rai Resident of Village- Kajiya Vishanpur, P.S.- Tajpur (Waini O.P.), District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Samastipur (Muffasil) P.S. Case No. 705 of 2018 registered under Sections 272, 273 of the Indian Penal Code and 30(a), 36, 38, 41, 47 of the Bihar Prohibition and Excise Act, 2016 pending in the court of learned 3rd Additional Sessions Judge cum Special Judge, Excise, Samastipur. Learned counsel for the petitioner submits that the petitioner has got clean antecedent, however his name has been involved in the present case at the instance of the co-accused who was arrested at the spot by police party. Learned counsel submits that so far as this petitioner is concerned, he is neither the owner of the Haiwa Truck or the

Patna High Court Cr.Misc. No.3400 of 2019(2) dt.29-01-2019 2/3 motorcycle nor the recovery of alleged illicit liquor has been made from the premises of the petitioner. It is submitted that under the garb of the provision of Bihar Excise and Prohibition Act, the petitioner has been involved by the co-villager who had inimical term with the petitioner.

Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioner. In the given facts and circumstances of the case considering that the petitioner has got clean antecedent and that his name has transpired in the confessional statement of the coaccused but neither the vehicles in question belonged to the petitioner nor the recovery is made from any property of this petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge cum Special Judge, Excise, Samastipur, in connection with Samastipur (Muffasil) P.S. Case No. 705/2018, subject to condition that petitioner shall join investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation,

Patna High Court Cr.Misc. No.3400 of 2019(2) dt.29-01-2019 3/3 failing which the Investigating Officer shall be at liberty to take steps for cancellation of bail. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T