← Library
Patna High CourtCR. MISC./9104/2019bail granted

Raja Kumar v. The State Of Bihar

2019-02-18Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9104 of 2019 Arising Out of PS. Case No.-01 Year-2019 Thana- NADI P.S. District- Patna ====================================================== RAJA KUMAR, Son of Bhuletan Roy, Resident of Village /Mohalla - Mirampur, P.S. Raghopur, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.01.2019 in connection with Special Case No. 05 of 2019, arising out of Nadi P.S. Case No. 01 of 2019 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that near Pipa Pul the petitioner was found in a suspicious condition. On chase, he tried to flee away but was apprehended. From the possession of the petitioner about 10-12 litres of Indian made foreign liquor was recovered, and, accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.9104 of 2019(2) dt.18-02-2019 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. Petitioner undertakes not to induce the witnesses or tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Special Judge (Excise), Patna, in connection with Special Case No. 05 of 2019, arising out of Nadi P.S. Case No. 01 of 2019, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T