Raja Kumar @ Raj @ Raj Kumar Raja @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6443 of 2024 Arising Out of PS. Case No.-667 Year-2023 Thana- RAMPUR District- Gaya ====================================================== RAJA KUMAR @ RAJ @ RAJ KUMAR RAJA @ RAJ KUMAR Son of Late Sanjay Paswan @ Sanjay Prasad Resident of Village-Gewal Bigha Police Line Road, Police Station-Rampur, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Rampur P.S. Case No. 667 of 2023 registered for the offences punishable under Sections 414, 420, 467, 468 of the IPC and Section 37(2) of the Bihar Prohibition and Excise (Amendment) Act ,2022.

3. As per prosecution case, petitioner is said to be found in intoxicated condition on the basis of breath analyzer test and he was driving motorcycle in question in intoxicated condition and he was also utilizing the said stolen motorcycle by changing its registration number.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6443 of 2024(2) dt.09-02-2024 2/3 petitioner is in custody since 26.10.2023 and bears criminal antecedent of three cases. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner has falsely been implicated in the case just because of criminal antecedent. The breath analyzer test is not a conclusive test to determine the consumption of alcohol. Basically, no incriminating article has been recovered from the conscious possession of the petitioner. He further submits that petitioner is quite innocent and has falsely been implicated in the case.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides 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 Sessions Judge cum Exclusive Special Excise Judge Court No.1, Gaya in connection with Rampur P.S. Case No. 667 of 2023, subject to following conditions:-

Patna High Court CR. MISC. No.6443 of 2024(2) dt.09-02-2024 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has 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 without appropriate permission, 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) vashudha/- U T