Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15587 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rajesh Kumar Son Of Late Lal Babu Bhagat Resident Of Village - Sendurai Gajsingh, P.S.- Motipur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-11-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a)/41(1)(2) of the Bihar Prohibition and Excise Act. Submission is that though allegation is of recovery of liquor from the house of the petitioner. However, seizure list would reveal that there is no evidence that who identified the house of the petitioner. The witnesses of seizure are police official. No family member was made over the list of seizure which creates doubt that seizure was made from the house of the petitioner. The petitioner has stated on oath that he has got no

Patna High Court CR. MISC. No.15587 of 2021(2) dt.23-11-2021 2/2 criminal antecedent.

Considering lack of sufficient material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Motipur P.S. Case No.198 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T