Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24813 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

RAJESH KUMAR Son of Late Rudal Singh Resident of village - Daudnagar, P.S.- Vidupur, District - Vaishali 2.

Md. Abbas Son of Md. Abdul Mazid Resident of village - Daudnagar, P.S.- Vidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr MN Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2021 Heard learned counsel for the petitioners and the State through Video Conferencing.

Petitioners seek bail in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

345.6 liters of foreign liquor was recovered from a pick up van and the petitioners are alleged to have fled away on seeing the police party.

Learned counsel appearing for the petitioners submit that the petitioners are innocent and have falsely been implicated in this case.Nothing incriminating has been recovered from the possession of the petitioners and they

Patna High Court CR. MISC. No.24813 of 2021(2) dt.20-07-2021 2/2 nothing to do with the alleged recovery. Petitioners have got no criminal antecedent and they are in custody since 7.1.2021. Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, East Champaran at Motihari in Dumariyaghat Police Station Case No. 1 of 2021 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T