Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21949 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Rajan Kumar Son of Vishwanath Prasad Singh Resident of Village- Chhit Bhagwaitpur Chandwara,P.S. Town, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2017 The petitioner is in custody since 22.03.2017 in connection with Complaint Case No. 50 of 2017, arising out of Excise Case No. 110/16-17 registered for offences punishable under Sections 30(a) of Bihar Excise Act.

Allegation against the petitioner and other accused persons is of recovery of 198.18 litres of foreign liquor. It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and he only happens to be a tempo driver and other coaccused person and the owner of the godown, from where the alleged recovery has been made have already been granted bail by this Court vide order dated 09.05.2017 passed in Criminal Miscellaneous No. 21237 of 2017 and vide order dated 10.05.2017

Patna High Court Cr.Misc. No.21949 of 2017 (3) dt.19-06-2017 2/3 passed in Criminal Miscellaneous No. 21325 of 2017. Further petitioner has no criminal antecedent and has been in judicial custody since 22.03.2017.

Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent and other co-accused persons have already been granted bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Muzaffarpur in connection with Complaint Case No. 50 of 2017, arising out of Excise Case No. 110/16-17, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event

Patna High Court Cr.Misc. No.21949 of 2017 (3) dt.19-06-2017 3/3 of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T