Ajanta Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5896 of 2022 Arising Out of PS. Case No.-448 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== AJANTA RAJBANSHI S/o Ramawtar Ram @ Ramawtar Rajbanshi R/o Village- Pasiyakala, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 30(a) (d)/37(c)/41 of the Bihar Prohibition and Excise Act, 2016, registered in connection with Rajauli P.S.Case No. 448 of 2021. The police got an information that co-accused Raj Kumar Yadav, Dinesh Yadav and Upendra Yadav were selling illicit liquor. On arrival of the police at the place of occurrence, 9-10 persons begin to flee away. The petitioner was

Patna High Court CR. MISC. No.5896 of 2022(2) dt.25-05-2022 2/3 apprehended while fleeing away.

The learned counsel for the petitioner has submitted that the allegation of selling liquor is not against the petitioner, rather it is against co-accused Raj Kumar Yadav, Dinesh Yadav and Upendra Yadav. He has submitted further that the petitioner is a person of clean antecedents and he is in custody since 05.09.2021.

Considering the above facts and circumstances and period of custody as well as the clean antecedents of the petitioner, 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 learned Addl. Sessions Judge-II-cum Special Judge, Nawada in connection with Rajauli P.S.Case No. 448 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge

Patna High Court CR. MISC. No.5896 of 2022(2) dt.25-05-2022 3/3 himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T