Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33072 of 2021 Arising Out of PS. Case No.-57 Year-2019 Thana- HATHAURI District- Samastipur ====================================================== RAJU KUMAR SON OF DINESH MANDAL R/O VILLAGEMAJHRAYA, P.S.- HATHAURI, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 15-06-2021 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

As per FIR, police got an information that huge quantity of liquor has been brought by the truck and they have unloaded the liquor in the orchard. On that information, police party raided the place and recovered huge quantity of liquor and it is alleged that accused persons managed to flee away. Petitioner is not named in the F.I.R. Nothing was

Patna High Court CR. MISC. No.33072 of 2021(2) dt.15-06-2021 2/3 recovered from the conscious possession of the petitioner. Similarly placed co-accused persons have already been granted bail by a different co-ordinate Benches of this Court as contained in Annexure 2, 3, 4 and 5.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Hathauri P.S. Case No.57/2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.33072 of 2021(2) dt.15-06-2021 3/3 of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T