Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18028 of 2020 Arising Out of PS. Case No.-428 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== RAUSHAN KUMAR Son of Late Lakshman Ray Resident of Village - Nowadih, P.S.- Nanpur, Distt - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr. Chandra Bhushan Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-05-2020 (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 272, 273, 308 of the I.P.C. and under Sections 30, 30(a) of Bihar Prohibition and Excise Act.

Allegation is recovery of 10 litres of Mahua countrymade liquor and 40 litres of semi prepared liquor from the petitioner.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. Petitioner

Patna High Court CR. MISC. No.18028 of 2020(2) dt.14-05-2020 2/3 was not apprehended from the spot. His name has surfaced in this case on the basis of confessional statement of co-accused Ramsurat Rai who has already been granted bail by a coordinate Bench of this Court vide order dated 07.01.2020 passed in Cr. Misc. No. 481 of 2020. Petitioner has no criminal antecedent and is in custody since 07.02.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned court below, in connection with Nanpur P.S. Case No. 428 of 2019 subject to the conditions that:-

(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 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.

Patna High Court CR. MISC. No.18028 of 2020(2) dt.14-05-2020 3/3

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/rajivU T