Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10016 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- SAMASTIPUR District- Samastipur ====================================================== Rajeev Kumar aged about 26 years Male, Son of Lal Babu Singh Resident of Village - Chandauli, 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.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Samastipur (Town) P.S. Case No. 208/2018 registered under Sections 30(a), 41(i) of the of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that on perusal of the seizure list it will appear that the recovery of illicit liquor has been made from the premises of Shiv Durga Mandir when in the night hours at about 2:00 P.M. the Alto Driver was delivering illicit liquor to two persons. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to enmity with Sandeep Kumar and Vikky Kumar. It is stated in paragraph-8 of the application that petitioner has no any connection with the seized wine and he is not connected with the Alto Car. It is also submitted that the petitioner has got no criminal history. Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court Cr.Misc. No.10016 of 2019(2) dt.19-02-2019 2/2 Considering the facts and circumstances of the case wherein the petitioner has been named by co-accused, he was not spotted at the place from where the co-accused were arrested and that he has no criminal history, 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-cumSpecial Judge, Excise, Samastipur, in connection with Samastipur (Town) P.S. Case No. 208/2018, 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. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

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