Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24274 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== RAJAN KUMAR S/o Dayanand Prasad @ Dayanand Singh R/o VillageKaithir, P.S.- Hisua, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Tujabh Singh For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

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

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajgir P.S. Case no. 223 of 2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 18 litres IMFL from the house of co-accused Ramesh Kumar.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.24274 of 2021(2) dt.18-01-2022 2/2 offence. He has got no criminal antecedent. The alleged recovery has been made from the house of co-accused Ramesh Kumar and not from the possession of the petitioner. He has no concern with the alleged recovery.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rajgir P.S. Case no. 223 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-Special Judge, Excise, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U