Bindeshwari Rajwar @ Bindi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15033 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- SARSI District- Purnia ====================================================== BINDESHWARI RAJWAR @ BINDI Son of Late Ketub Rajwar Resident of Village- Kuchyahi, Akhtiarpur, P.S.- Sarsi, District- Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 31.12.2018 in connection with Special Excise Case No. 1173 of 2018, arising out of Sarsi P.S. Case No. 171 of 2018 for offences punishable under Sections 272, 272 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information that the petitioner is selling illicit liquor, the police raided the place and apprehended the petitioner near his house. On search, 5 litres of countrymade liquor and Rs. 710/- was recovered from the petitioner, and, accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.15033 of 2019(2) dt.14-03-2019 2/3 petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that petitioner has been sufficiently punished as he is languishing in judicial custody for 21⁄2 months and undertakes to cooperate in the investigation and not to induce witnesses or tamper with the prosecution evidence. However, learned APP for the State opposes the prayer for bail stating therein that petitioner is a habitual offender as two more cases, under similar offence, are pending against him.

Considering the nature of allegations and the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II cum Spl. Judge (Excise), Purnea, in connection with Special Excise Case No. 1173 of 2018, arising out of Sarsi P.S. Case No. 171 of 2018, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar

Patna High Court CR. MISC. No.15033 of 2019(2) dt.14-03-2019 3/3 nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T