Rajesh Singh @ Rajesh Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27479 of 2021 Arising Out of PS. Case No.-685 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RAJESH SINGH @ RAJESH RANJAN Son of Late Vijay Kishore Singh @ Vijay Kishor Singh Resident of Village - Harrakh, ward No.12, P.S.- Town, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Town P.S. Case No. 685 of 2020 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Recovery is of 134.64 litres of foreign liquor. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner. The alleged recovery has been made from the terrace of the house of the petitioner. The petitioner is rotting in judicial custody since 04.02.2021.

Patna High Court CR. MISC. No.27479 of 2021(3) dt.24-11-2021 2/3 Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 Additional Sessions Judge-II, -cum- Special Judge, Excise Act, Begusarai in connection with Town P.S. Case No. 685 of 2020 with the following conditions:-

(1) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for

Patna High Court CR. MISC. No.27479 of 2021(3) dt.24-11-2021 3/3 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T