Rajesh Singh @ Rajesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.10188 of 2020 Arising Out of PS. Case No.-190 Year-2019 Thana- DAWATH District- Rohtas ====================================================== RAJESH SINGH @ RAJESH SAH S/o Late Shubash Sah R/o VillageKawai, P.S.- Dawath, District- Rohtas at Sasaram. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking anticipatory bail in connection with Dawath P.S. Case No. 190 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.
Learned counsel for the petitioner submits that the alleged recovery of illicit liquor has not been made from the premises of Poultry farm which belongs to the petitioner and the petitioner has no criminal antecedent.
Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner
Patna High Court CR. MISC. No.10188 of 2020(2) dt.12-06-2020 2/3 that there is no recovery of illicit liquor from the premises of the poultry farm owned by him and the submission remains uncontroverted by learned APP for the State as also considering that the petitioner has no criminal antecedent and there is no other material to connect him with the present case, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Dawth P.S. Case No. 190 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - II - cum Special Judge, Excise Act, Rohtas at Sasaram, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court.
Patna High Court CR. MISC. No.10188 of 2020(2) dt.12-06-2020 3/3 This application stands allowed.
(Rajeev Ranjan Prasad, J) avin/-rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.