Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19192 of 2022 Arising Out of PS. Case No.-119 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== Rakesh Kumar Son of Lal Babu Prasad @ Manipuri Resident of VillageKashi Pakari, P.S. Rajepur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Rajepur P.S. Case No. 119/2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. As per prosecution case, there is alleged recovery of total 1477.080 liters foreign liquor from the room of school. The petitioner was not apprehended on the spot. Apprehended persons disclosed the name of petitioner who fled away from the place of occurrence.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.19192 of 2022(2) dt.15-07-2022 2/3 petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot. The petitioner is neither teacher nor employee of the said school. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 04.02.2022 and bears criminal antecedent of two cases in which one is of similar nature. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, petitioner was not apprehended on the spot, charge sheet has already been submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, East Champaran, Motihari in connection with Rajepur P.S. Case No. 119/2020, subject to following conditions:- (i) One of the bailors shall be either father or mother
Patna High Court CR. MISC. No.19192 of 2022(2) dt.15-07-2022 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) amitkumar/- U T