Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26392 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== Rajesh Kumar Son of Late Lakhan Yadav Resident of Moh. - Inday, Ward No.19, P.S. and Distt.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Smt. Renuka Ratnakar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sheikhpura Excise Case No. 34 of 2021, arising out of Sheikhpura P.S. Case No. 45 of 2021, registered for the offence under Section 414 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act. 623 liters & 500 ml. of foreign liquor has been recovered from the joint family house of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the joint family house of the petitioner. Petitioner claims clean antecedent and he is in custody since 24.01.2021.

Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.26392 of 2021(2) dt.29-07-2021 2/2 petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released 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. Distt. and Sessions Judge 2nd Sheikhpura in connection with Excise Case No. 34 of 2021 (Sheikhpura P.S. Case No. 45 of 2021), on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers 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.) anay/- U T